On Point blog, page 4 of 34
Successful appeal from OWI conviction leads to simple swap for RCS conviction and sentence
State v. Carl Lee McAdory, 2023AP645-CR, 4/12/24, District IV (recommended for publication); petition for review granted 10/7/24 case activity
After McAdory persuaded the court of appeals to reverse his OWI conviction and grant him a new trial, the state pulled the “old switcheroo” on McAdory by getting the circuit court to swap his previously dismissed restricted controlled substance conviction with the OWI conviction overturned by the court of appeals. Instead of a new OWI trial, McAdory was stuck with a new sentence on his previously dismissed RCS conviction. After rejecting McAdory’s challenges to the circuit court’s post-remittitur actions and his double jeopardy claims, the court of appeals affirms.
Lit cigarette, red eyes, thick speech and speeding sufficient to establish reasonable suspicion of OWI
State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity
Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop.
Despite convincing evidence that domestic violence victim was fleeing for her life when stopped for suspected OWI, COA determines coercion defense unavailing
State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); petition for review granted; affirmed 7/3/25 case activity
In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts.
Motorcyclist’s “thick accent” no barrier to improper refusal finding
State v. Asif Ahmed, 2023AP1796, 3/14/24, District IV (one-judge appeal; ineligible for publication); case activity
Ahmed raises a few different arguments challenging the circuit court’s decision that he improperly refused to submit to a OWI blood draw, but the court of appeals rejects them all, agrees probable cause existed to arrest Ahmed for OWI, and affirms.
COA holds there was probable cause for OWI given admission of drinking up to twelve beers, slurred speech, inability to stand, and .198 PBT (among other evidence)
State v. Nicholas Allen Paulson, 2022AP186, 2/21/24, District III (1-judge decision, ineligible for publication); case activity
Although Paulson tries to establish that police did not have probable cause to arrest him despite, among other evidence, a PBT reading of .198, COA affirms.
State adequately proved that bar parking lot was a “premises held out to the public for use of their motor vehicles”
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity
Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.
Attempts to sow confusion in traffic appeal are unavailing given photographic proof driver did not obey school bus’s flashing red lights
City of Sheboygan Falls v. Wesley Scot Melton, 2023AP1183, 1/24/24, District II (one-judge decision; ineligible for publication); case activity
COA finds the City established sufficient evidence that Melton failed to stop for a school bus and therefore affirms.
Sufficient inferential evidence of impaired driving supported OWI conviction
City of Watertown v. Andrew D. Wiest, 2023AP992, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity
Although Wiest faults the City for failing to prove that he operated his motor vehicle while intoxicated, COA is satisfied there was sufficient circumstantial proof and affirms.
COA rejects constitutional challenge to legislature’s inclusion of non-impairing metabolite as restricted controlled substance
State v. Dustin J. VanderGalien, 2023AP890-CR, 12/29/23, District 4 (recommended for publication); case activity
VanderGalien pled no contest to three counts stemming from a fatal motor vehicle crash after a non-impairing cocaine metabolite (benzoylecgonine or “BE”) was detected in his blood hours after the incident. The court of appeals rejects his facial challenge to the statute, Wis. Stat. § 340.01(50m)(c), which includes BE as a restricted controlled substance under the motor vehicle code. The court of appeals explains that “the inclusion of cocaine or any of its metabolites in the definition of a restricted controlled substance for purposes of prosecution under the Wisconsin motor vehicle code bears a rational relationship to the purpose or objective of the statutory scheme,” which is to combat drugged driving. Op., ¶30.
COA rejects argument that margin of error undermined sufficiency of evidence for PAC conviction
Columbia County v. Carter Ray Smits, 2023AP241, 12/7/23, District IV (one-judge decision; ineligible for publication); case activity
Despite the analyst’s testimony that, given the margin of error for the lab result, it was “equally likely” Smits was under as opposed to over the legal limit, COA affirms.