On Point

State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999) For Taylor: Donald T. Lang, SPD, Madison Appellate Issue:  Whether a positive urine test, while the subject is under  is on bail with a no drug consumption bond condition, is sufficient to support a felony bail jumping conviction. Holding:/Analysis: “Where the State prosecutes […]

State v. Suzette M. Ward, 228 Wis.2d 301, 596 N.W.2d 887 (Ct. App. 1999) For Ward: Patricia L. Arreazola Holding: The § 948.02(3) element, “person responsible for the welfare of a child,” was properly defined in jury instructions as “person employed or used by one legally responsible for the child’s welfare.” Payment, that is, isn’t […]

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Issue/Holding: A sheriff’s deputy has authority to arrest in a city located in the county. Easy enough. Plus, there’s significant authority allowing a an officer to peform an out-of-jurisdiction arrest under a “citizen’s arrest” rationale: see State v. […]

State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate. Issue: Whether intercepts of tax refunds can be considered payments toward support obligations. Holding: The nonsupport statute doesn’t require that payments be made “voluntarily,” and tax refund intercepts therefore count. “The intercepts are […]

State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate. Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to […]

State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations. Holding: The crime of nonsupport is […]

State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620 For Longcore: William E. Schmaal, SPD, Madison Appellate. Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering. […]

State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and, […]

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor […]

State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police […]