On Point

on review of unpublished decision; case activity Issue (composed by On Point)  Whether Sahs’ statements to his probation agent, along with evidence derived from those statements, were suppressible under the “Evans-Thompson” rule, which holds that a probationer’s statements which are compelled by the terms of probation – provide information to an agent when requested or face revocation […]

State v. Joshua A. Prescott, 2012 WI App 136; case activity Felon-in-possession, § 941.29, was properly joined for trial with reckless injury by use of dangerous weapon: ¶17      Based on our review of the record, we agree with the trial court that the charges were properly joined. The felon in possession and reckless injury charges were […]

State v. Thomas E. Schmidt, 2012 WI App 137 (recommended for publication); case activity After performing an HGN test, which exhibited 6 out of 6 indicia of impairment, Schmidt was arrested for OWI. At the ensuing trial, he asserted diabetes as a possible cause for the HGN result. The trial court ordered, as a condition of his […]

Village of Little Chute v. John D. Bunnell, 2012AP1266, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Officer’s failure to perform FSTs pursuant to established protocols (HGN test requires 4-second pass-of-the-eye, and officer used 2-second pass), “compromises the validity of the test results,” and therefore “cannot be used to support a determination of probable cause to arrest,” ¶19. […]

court of appeals certification review granted 1/15/13; case activity Issues Certified: In Maryland v. Shatzer, ___U.S. ___, 130 S. Ct. 1213 (2010), the United States Supreme Court held that, even if a defendant has invoked his or her right to counsel, law enforcement may give the Miranda[2] warnings again so long as the defendant has been released from custody […]

Question Presented: The U.S. Sentencing Guidelines Manual directs a court to “use the Guidelines Manual in effect on the date that the defendant is sentenced” unless “the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the Ex Post Facto Clause of the United […]

Question Presented (from cert petition): Does the Fourth Amendment allow the States to collect and analyze DNA from people arrested and charged with serious crimes? Docket Lower court opinion (King v. State, 425 Md. 550, 42 A.3d 549 (2012)) Scotusblog page Under Maryland law, DNA Collection Act, Md. Code Ann., Pub. Safety §2-504, an arrestee’s DNA can be collected and submitted […]

State v. Gary M. Hemmingway, 2012 WI App 133; case activity Stalking,  § 940.32(2m)(a), which previously survived overbreadth and vagueness challenges based on rights to travel and equal protection, State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (Ct. App. 1997), now withstands a free-speech challenge: The statute isn’t a facially overbroad regulation of protected […]

State v. Tyler H., 2012AP914, District 3, 11/6/12,  court of appeals decision (1-judge, ineligible for publication); case activity Evidence held sufficient to support delinquency adjudication, where juvenile called mother “a fucking whore” after she struck him during a family “squabble” in their home. ¶9        We conclude Tyler’s conduct was of the type that tends to cause […]

State v. William F. Vollbrecht, 2012AP49-CR, District 3, 11/6/12,  court of appeals decision (not recommended for publication); case activity Evidence held sufficient to sustain conviction for first-degree intentional homicide. The jury was entitled to reject Vollbrecht’s testimony that the shot he fired into his ex-girlfriend’s new boyfriend was accidental. ¶12      Vollbrecht’s argument fails on two fronts.  First, consistent […]