On Point

State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed.

State v. Charles L. Wendt, 2010AP2416, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Wendt: Michael C. Witt; case activity “Momentary incursion” (or, “slight deviation”) into oncoming lane provided probable cause to stop motorist for violation of § 346.05. Having properly stopped Wendt, the officer had reasonable suspicion to administer field […]

Donald Bullcoming v. New Mexico, USSC No. 09-10876, 6/23/11 The question presented is whether the Confrontation Clause permits the prosecution to introduce a forensic laboratory report containing a testimonial certification—made for the purpose of proving a particular fact—through the in-court testimony of a scientist who did not sign the certification or perform or observe the […]

Walworth County DH&HS v. Roberta J. W., 2010AP2248, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Roberta J.W.: Lora B. Cerone, SPD, Madison Appellate, case activity By his overweening involvement in the trial process, evincing his prejudgment of the case and asking “countless questions of the witnesses” – to an extent […]

State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were […]

State v. Blair T. Davis, 2011AP320,District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines. ¶5        The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect […]

State v. Leroy M. Godard, 2010AP1731-CR, District 2, 6/22/11 court of appeals decision (not recommended for publication); for Godard: Rick B. Meier; case activity Counsel’s failure to listen to police recordings of the interrogations of Godard’s accomplices, even if deficient, wasn’t prejudicial. ¶15      The postconviction motion hearing testimony shows that Godard’s case was not weakened […]

State v. Brian T. St. Martin, 2011 WI 44, on certification; for St. Martin: Michael K. Gould, SPD, Milwaukee Appellate; case activity Consent to Search – Co-Tenant – Georgia v. Randolph Georgia v. Randolph, 547 U.S. 103 (2006) holds that a physically present resident’s objection trumps a co-tenant’s consent to a warrantless search of a residence. However, this rule does […]

State v. Alan Adin Randall, 2011 WI App 102 (recommended for publication); for Randall: Brian Kinstler, Craig S. Powell; case activity; prior history: State v. Randall, 192 Wis. 2d 800, 532 N.W.2d 94 (1995) (“Randall I”); State v. Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) (“Randall II”) Petition for (NGI) Conditional Release, § […]

State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11 court of appeals decision (not recommended for publication); pro se; case activity Virsnieks’ plea-based conviction for burglary supported  ch. 980 commitment. ¶35      A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5] […]