On Point: Uncategorized

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03
For Fischer: Mark S. Rosen

Issue/Holding:

¶19. Applying Davis and Jennings here, we conclude that Fischer’s statement to detectives that if the officers read him his rights he would not answer any questions and would request an attorney is sufficiently ambiguous or equivocal such that a reasonable officer in light of the circumstances would have understood only that Fischer might be invoking the right to counsel.

Predick v. O’Connor, 2003 WI App 46

Issue/Holding: ¶12 n. 7:

We note that in this opinion we do cite to two unpublished opinions from other states. Wisconsin Stat. § 809.23(3) does not prohibit us from doing so. In Brandt v. LIRC, 160 Wis. 2d 353, 466 N.W.2d 673 (Ct. App. 1991), aff’d, 166 Wis. 2d 623, 480 N.W.2d 494 (1992),

State v. Timothy M. Ziebart, 2003 WI App 258
For Ziebart: Robert R. Henak
Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony.
Holding:

¶32. A defendant has a right to postconviction discovery if the desired evidence is relevant to an issue of consequence.

State v. Thomas A. Drexler, 2003 WI App 169, PFR filed 8/1/03
For Drexler: Ralph A. Kalal

Issue/Holding: In support of a collateral attack on a prior OWI conviction used to enhance a current OWI prosecution, Drexler submitted an affidavit asserting that the trial court had not advised him of his right to counsel: although this was enough to establish a prima facie case of denial of right to counsel,

State v. Cara A. Erickson, 2003 WI App 43

Issue/Holding: The following facts established probable cause to arrest, hence to take a warrantless blood draw, for OWI:

¶15. In this case, the officer knew the following information when he ordered the blood draw. At about 5:40 a.m. on August 27, 2000, less than two hours prior to the blood draw, Erickson crashed her pickup truck into a vehicle with sufficient force to set the vehicle on fire.

State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03
For Riedel: Ralph A. Kalal

Issue/Holding: Police not required to obtain warrant in order to test blood seized pursuant to Implied Consent Law; State v. VanLaarhoven, 2001 WI App 275 extended (VanLaarhoven consented to initial seizure, Riedel didn’t). ¶¶11-16.

State ex rel. William E. Marberry v. Macht, 2003 WI 79, reversing 2002 WI App 133, 254 Wis. 2d 690, 648 N.W.2d 522
For Marberry: Donald T. Lang, SPD, Madison Appellate

Issue/Holding:

¶23. The extraordinary relief provided by the writ of habeas corpus is available only in limited circumstances and is subject to three prerequisites. Haas ,

State v. Leonard C. Matson, 2003 WI App 253
For Matson: Michael Yovovich, SPD, Madison Appellate

Issue/Holding: Where counsel had raised a pre-sentencing objection on ground of plea bargain breach to the use of a detective’s letter to the court asking for a sentence exceeding the bargained length, failure to raise further objection at sentencing did not constitute waiver:

¶32. Matson sufficiently preserved his objections to the letter for appeal.

State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03
For Stenseth: Robert A. Ferg

Issue/Holding: The state did not violate the plea bargain, which limited its recommended disposition to two years’ confinement plus extended supervision, by expressing agreement with some portions of the PSI (which recommended 8 years’ confinement plus supervision):

¶12. Here, the State’s reference to the plea agreement was not less than neutral.

State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89
For Multaler: Jeffrey W. Jensen

Issue/Holding: The affidavit in support of search warrant established probable cause to believe that Multaler was guilty of homicide, ¶¶13-28: he was tied directly and circumstantially to the victims; his actions were consistent with those of a serial killer (he kept an album of photos ans newspaper articles of missing and murdered females;