On Point

State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity Fleeing, § 346.04(3) Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands […]

court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by […]

City of Kenosha v. Elizabeth R. Tower, 2009AP1957, District 2, 10/6/10   court of appeals decision (1-judge, not for publication); for Tower: Michael F. Torphy; BiC; Resp.; Reply Because the police knew Tower was merely stopped temporarily for the purpose of dropping of a passenger – an explicit statutory exception to illegal parking – they didn’t have […]

State v. Javier Galvin, 2010AP863-CR, District 2, 10/6/10 court of appeals decision (1-judge, not for publication); for Galvin: John S. Schiro, Keith Llanas; BiC; Resp. Galvan, who had minimal ability to understand English, didn’t understand the implied consent warnings given to him in English. Because the arresting officer knew of Galvan’s limitation, and had indeed […]

State v. Jason L. Sedahl, 2010AP1097-CR, District 3, 10/5/10 court of appeals decision (1-judge, not for publication); for Sedahl: William A. Schembera; BiC; Resp. The trial court erred in dismissing a pending charge on the theory that the charge (OWI) resulted from police failure to perform their community caretaker function (preventing him from driving): ¶12      …  […]

court of appeals decision (1-judge, not for publication); for Cortes: Timmothy J. Lennon; BiC; Resp.; Reply State v. Rolando S. Cortes, 2010AP621-CR, Distric 3, 10/5/10 The officer had reasonable suspicion to perform a traffic stop: ¶7        Conley’s inference that Cortes was trying to elude or evade police was reasonable given the totality of the circumstances.  […]

decision below: unpublished; for Harbor: Joseph E. Redding; court of appeals briefs: BiC; Resp.; Reply Issues (from Table of Pending Cases): Whether a defendant presented a new factor entitling sentence modification (See State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a defendant demonstrated ineffective assistance of counsel under Strickland v. […]

decision below: unpublished; prior On Point post; for Burris: Byron C. Lichstein Issue (from Table of Pending Cases): Was the trial court’s supplemental jury instruction that was issued in response to a question from the jury and that quoted verbatim from a Supreme Court opinion an impermissibly misleading instruction under the standards established by State v. […]

decision below: unpublished; prior On Point post; for Rhodes: John J. Grau Issue (from Table of Pending Cases): Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error. Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’ […]

decision below:  unpublished summary disposition; for Funk: Michele Anne Tjader Issue (from Table of Pending Cases): Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999). Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell […]