On Point: 45. WI Supreme Court

Village of Elm Grove v. Richard K. Brefka, 2013 WI 54, affirming unpublished court of appeals opinion; Justice Bradley, for a unanimous court; case activity

The 10-day deadline for filing a request for a refusal hearing, §§ 343.305(9)(a)4. and (10)(a), is mandatory, and may not be extended based on excusable neglect.

Brefka was issued a Notice of Intent to Revoke Operating Privileges on December 12 after he refused a chemical test.

State v. Kenneth M. Sobczak, 2013 WI 52, affirming published court of appeals decision; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent.

In a significant expansion of the third-party consent doctrine, the supreme court holds that a weekend guest may grant consent to police to enter her host’s home and conduct a search. The court concludes the rule governing third-party consent articulated in United States v.

State v. Steffes, 2013 WI 53, on review of a published court of appeals opinion; case activity; majority opinion by Justice Gableman; Chief Justice Abrahamson and Justice Bradley dissent.

Given the absence of precedent, Wisconsin Supreme Court may be out on a limb (or, rather, a pole) on this one.  Apparently, while in prison, Matthew Steffes and his cohorts figured out a way to submit a fictitious business name and stolen personal information to AT&T in order to obtain a phone number. 

State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision;  case activity

Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming his admissions were compelled by the threat of revocation if he didn’t give his agent a true and accurate account of his activities. 

Review of unpublished court of appeals decision; case activity

Issue (from the Petition for Review)

Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user?

More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within the meaning of the 4th Amendment, b) if so,

Review of published court of appeals decision; case activity

Issues (composed by On Point):

If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer?

If the Department retained jurisdiction over the probationer, is it equitably estopped from revoking him for conduct occurring before the probationary term expired?

Review of unpublished court of appeals decision; case activity

Issue (composed by On Point)

Does a circuit court have discretion to dismiss a refusal proceeding after the prosecution of the underlying OWI charge results in an acquittal?

This case is of obvious interest to OWI practitioners, even if its facts are unusual and, thus, not likely to arise very often. As we noted in our post about the court of appeals decision,

State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack

Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways:  1) by willful or wanton disregard of a visible or audible signal so as to interfere with or endanger the operation of the police officer or other vehicles or pedestrians; 

State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity

¶9   The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period of confinement is structural error or subject to the application of harmless error analysis…. 

Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13

United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011).

As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure to fund indigent defense should count against the state in analyzing the defendant’s Sixth Amendment speedy trial claim under Barker v.