On Point

State v. Pamela L. Hammersley, 2012AP1131-CR, District 2, 9/26/12 court of appeals decision (1-judge, ineligible for publication); case activity Stop of vehicle, assertedly for violating local trespassing ordinance, held not supportable: ¶3        It is settled law that a stop cannot be based on an officer’s mistaken understanding of the law.  State v. Longcore, 226 Wis. 2d 1, […]

Buffalo County Department of Health & Human Services v. Jennifer C., 2012AP1564, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Though not “independently admissible,” a long list of damaging items related to Jennifer’s background (such as theparent’s father’s sexual abuse of his daughters, and Jennifer’s own emotional and sexual abuse by […]

State v. Mark E. Johnson, 2011AP2673-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Cross-examination of Johnson, on trial for possession of marijuana and bail jumping, as to his marijuana use was proper, but as to his use of cocaine (eliciting an admission) was reversible error: ¶10      Johnson concedes that, after […]

State v. Timothy W. Bastian, 2012AP793-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity  The court holds, without resolving the issue of whether reasonable suspicion sufficed, that probable cause supported Bastian’s traffic stop for inattentive driving, given “the circuit court’s factual determination that Bastian was ‘looking towards the passenger seat’”: ¶10      Wisconsin Stat. § 346.89, […]

Question Presented: Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Docket Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012)) Scotusblog page Does the evanescent quality […]

The SPD is nearing completion of the agency’s 2013-2015 biennial budget proposal.  This means that after what seems like all too short a time, talk of new legislation will soon begin.  The SPD has already been contacted by legislators seeking input on bill drafts that may be offered next session.  These contacts have mostly been […]

State v. William R. Hartman, 2011AP622, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity OWI – Refusal Hearing – Raising Challenge to Lawfulness of Stop Refusal hearing supports litigation of lawfulness of stop; State v. Anagnos, 2012 WI 64, ¶42, 341 Wis. 2d 576, 815 N.W.2d 675, followed:  ¶14      Accordingly, we reject the State’s […]

State v. Thomas R. McEssey, 2011AP2668-CR, District 4, 9/20/12 court of appeals decision (not recommended for publication); case activity The police inadvertently destroyed a recording of a phone conversation between McEssey and the alleged victim. (A separate, but partial recording – containing only the latter’s side of the conversation – was made, misplaced, and belatedly […]

State v. Portia M. Meyer, 2012AP206-CR, District 4, 9/20/12 court of appeals decision (1-judge, ineligible for publication); case activity Assuming that the police placed Meyer under arrest when handcuffing her and placing her in the back of a squad car following a traffic accident, they had probable cause to do so for failure to yield […]

Updates have been added to the following posts (scroll to bottom of each post noted below for added material): Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (added In re Taylor, Cal. App. 4th Dist., Div. One, D059574, 9/12/12 and U.S. v. Collins, 684 F.3d 873 (9th Cir 2012), re: constitutional challenges to sex […]