On Point

State v. Antoine Leshawn Douglas, 2013 WI App 52; case activity

Miranda violation — interrogation by police

After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the officer declined that offer there was a “pause,” followed by Douglas changing the subject and volunteering information about a gun;

City of South Milwaukee v. Todd J. Kester, 2013 WI App 50; case activity

Sex offender residency restrictions – constitutionality; ex post facto and double jeopardy

 South Milwaukee’s ordinance prohibiting persons convicted of certain child sex offenses from living within 1,000 feet of a school or other facility frequented by children does not violate the double jeopardy or ex post facto prohibitions of the state or federal constitution:

¶31      Kester fails to offer the “clearest proof”

State v. Bryant A. Preinfalk, 2012AP2060-CR, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication); case activity

The stop of Preinfalk’s car was lawful because in light of observations made by the officer, the anonymous tip provided reasonable suspicion to conclude the car was occupied by persons who had been involved in a fight at the Sidelines Bar:

¶11      It is not disputed that the tip in this case was anonymous.

Grant County v. Daniel A. Vogt, 2012AP1812, District 4, 3/14/13; court of appeals decision (1-judge, ineligible for publication), petition for review granted 10/15/13; case activity

Where police officer pulled up behind parked car without activating his emergency lights, approached the car, rapped on the window, and directed the driver to roll the window down, the driver was seized under State v.

State v. Todd A. Laws, 2012AP1930-CR, District 2, 3/13/13; court of appeals decision (1-judge, ineligible for publication); case activity

Stop of Laws’s vehicle was lawful because it was based on reasonable suspicion he was driving while intoxicated, contrasting State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634:

¶9        Each case stands on its own unique facts; however, the conduct in this case arguably provided more reason for suspicion than that in Post.  

State v. Erwin D. Beckom, 2012AP159-CR and 2012AP160-CR, District 4, 3/7/14; court of appeals decision (1-judge, ineligible for publication); case activity

The trial court properly applied bond posted in one case to a fine imposed in a different case even though the complaint in the case in which the bond was posted was dismissed:

¶9        Beckom interprets the statutory language “the complaint against the defendant has been dismissed … the entire sum deposited shall be returned” in Wis.

State v. Antoine Lamont Massey, 2012AP1124-CR, District 1, 3/5/13; court of appeals decision (not recommended for publication); case activity

A daughter of the leaseholder had both actual and apparent authority to consent to a search of the apartment, including the back bedroom in which drugs were found, applying, among other cases, State v. Tomlinson, 2002 WI 91, 254 Wis. 2d 502, 648 N.W.2d 367,

State v. Stephen Robert Felix Schurk, 2012AP1501-CR, District 1, 3/5/13; court of appeals decision (1 judge; ineligible for publication); case activity

Schurk was not entitled to plea withdrawal even though the judge did not specifically inform Schurk that he was not bound by the parties’ plea agreement because the information was conveyed to Schurk in other ways:

¶11      …. [The court’s] colloquy advised Schurk that with regard to certain aspects of the sentencing,

State v. Lee Yang, 2012AP1126-CR, Districts 1/4, 2/28/13; court of appeals decision (not recommended for publication); case activity

Yang was being interrogated about the shooting death of his ex-wife’s boyfriend when he invoked his right to counsel. Interrogation ceased and he was taken to jail. (¶¶3, 5). Several hours later, Gomez, a homicide detective, visited Yang in jail. (¶7). Gomez had not been involved in the earlier interrogation, but he did help execute a search warrant at Yang’s home,

State v. Nicholas M. Gimino, 2012AP1498-CR, District II/IV, 3/7/13 (unpublished); case activity.

While this decision is not recommended for publication, it highlights a very touchy subject–when does conduct many parents engage in rise to the level of physical abuse of a child?  The answer may surprise you.

Here’s what happened.  Gimino took his 2-year-old daughter for a ride on a motorized go-kart having no sides or roof.