On Point

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 her adoptive parents) was admissible to show the basis for an expert’s opinion that Jennifer was unlikely to meet conditions for return of her children:

¶16      Wisconsin Stat. 

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 he testified he never possessed marijuana, the State was permitted to cross-examine him about a previous instance where he possessed marijuana.  

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, titled “Inattentive driving,” provides in relevant part:  “No person while driving a motor vehicle shall be so engaged or occupied as to interfere with the safe driving of such vehicle.”  Wis.

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 of alcohol (or any metabolized substance,

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 the result of the work by the Legislative Council Study Committee on the Permanency for Young Children in the Child Welfare System. 

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 contention that Hartman improperly raised the issue of reasonable suspicion at the refusal hearing.   

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 disclosed to the defense.) Finding that the destruction of the recording of the full conversation was unintentional,

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 right-of-way:

¶8        Police may arrest a person without a warrant for “the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”[2]  Wis.

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 offender residency restrictions)

State v.

on review of published decision; case activity

Issue (composed by on Point) 

Whether sentencing reliance on inaccurate information (here, misapprehension of mandatory minimum incarceration) is structural error.

Travis pleaded guilty to an offense that all concerned (defense, prosecution, sentencing court) wrongly thought carried a 5-year mandatory minimum (largely due to confusion about the particular offense Travis pleaded to). The court of appeals clarified that the offense of conviction in fact had no mandatory minimum.