On Point

State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop  Constitutionality of the traffic stop  may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a. ¶29  In this case, the relevant portion of the statute is found in sub. (9)(a)5.a.  That subsection […]

State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute  Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,” […]

State v. Eric Dominique Lesueur, 2011AP1550-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity By not asserting a discovery violation, for the State’s failure to provide a CD of a witness interview, trial counsel waived any potential issue, and review is limited to counsel’s effectiveness, ¶5. Lesueur can’t meet his […]

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”  ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any […]

Samex 1, LLC v. Bruce Buschman, 2011AP2634, District 1, 6/26/12 court of appeals decision (1-judge, ineligible for publication) ¶2 n. 1: If this appeal were not moot, our resolution of the appeal would have been difficult, if not impossible, because the transcript is not very helpful; there are more than two-dozen instances of “(Indiscernible)” or “(indiscernible)” in […]

State v. Matthew Owen Hoff, Jr., 2011AP2096-CR, District 3, 6/26/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶19      Here, before arresting Hoff, Gostovich observed him sleeping behind the wheel of a running car that was parked horizontally against the vertical parking stalls.  Hoff did not awake to Gostovich’s shouting or knocking.  When he finally awoke, he was […]

Now that session has ended and new laws (a “brief” list can be found on SPD Connections at http://intranet.opd/html/legup/Low.pdf) are in effect, we are looking to quantify the effect of these laws to be able to demonstrate the impact of new criminal penalties and procedures to the Legislature in the future.  Often we can track […]

Sandy Williams v. Illinois, USSC No. 10-8505, 6/18/12, affirming People v. Williams, 238 Ill. 2d 125, 939 N.E. 268 A split Court (4-1-4) upholds against Confrontation objection, admissibility of expert testimony that a DNA profile, produced by a different lab, matched Williams’ profile. Because the rationale favoring admissibility doesn’t earn a clear majority of votes, the opinion […]

State v. Willie H. Jackson, 2012 WI App 76 (recommended for publication); case activity § 973.048(1m) (2003-04) authorizes the sentencing court to require sex offender registration under § 301.45 for conviction of enumerated crimes, “if the court determines that the underlying conduct was sexually motivated as defined in s. 980.01(5)” and public protection would be advanced thereby. (“Sexually […]

Marquette County v. Carl G. Culver, 2011AP1523, District 4, 6/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The police had probable cause to arrest Culver, the driver in a one-car accident, given the smell of intoxicants on his breath and his “inconsistent answers” to questions about the accident: ¶13      We conclude, under the totality of […]