On Point

State v. James Casas Klausen, 2009AP2268, District 4, 8/12/10

court of appeals decision (1-judge, not for publication); for Klausen: Tracey A. Wood; BiC; Resp.

Traffic Stop – No Wisconsin DL

Wisconsin law “contemplates that a person with a valid out-of-state driver’s license who becomes a Wisconsin resident has sixty days, after becoming a Wisconsin resident, to apply for a Wisconsin license,” ¶6.

State v. Phillip K. Saeger, 2009AP2133-CR, District 2, 8/11/10

court of appeals decision (3-judge, not recommended for publication); for Saeger: Michael J. Burr; BiC; Resp.

Right to Silence During Custodial Interrogation

Invocation of the right to silence during custodial interrogation must be clearly articulated, holding to that effect in State v. Ross, 203 Wis. 2d 66, 552 N.W.2d 428 (Ct.

court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply

Sentencing – Exercise of Discretion – Sex Offender Registration

The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15.

Registration requirements are set out in § 301.45.

State v. Erik B. Hudson, 2010AP000780-CR, District 3, 8/10/10

court of appeals decision (1-judge, not for publication); for Hudson: George S.Pappas, Jr.; BiC; Resp.

While “better practice” would have been to strike and give a curative instruction following a witness’s non-responsive testimony, the trial court’s failure to do so wasn’t plain error.

State v. Glenn L. Earhart, 2010AP348-CR, District 3, 8/10/10

court of appeals decision (1-judge, not for publication); for Earhart: Patrick J. Stangl; BiC; Resp.; Reply

Reasonable Suspicion – Informant Reliability

Authorities were under no obligation to check into a citizen-informant’s criminal record before acting on the information she related.

¶9 Earhart argues Kistner unreasonably relied on Hitchon’s report because she was a known criminal.

court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply

Search Warrant – Probable Cause

Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause for the warrant application. The informant’s reliability was established by:

• statement’s against-interest nature;

State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10

court of appeals decision (1-judge, not for publication); pro se

Recusal – Waiver

¶10      Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case. The State argues that the judge was not required to recuse under WIS.

State v. Laurence Evan Olson, 2010AP149-CR, District 4, 8/5/10

court of appeals decision (1-judge, not for publication); for Olson: Christopher W. Dyer; BiC; Resp.; Reply

¶11      WISCONSIN STAT. § 347.13(1) provides that “[n]o vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated on a highway during hours of darkness unless both such lamps are in good working order.” WISCONSIN STAT. 

State v. Theresa E. Palubicki, No. 2010AP555-CR, District 3

court of appeals decision (1-judge, not for publication); for Palubicki: Michael D. Petersen; BiC; Resp.; Reply

The burden of proving setoff rests with the defendant. Although Palubicki reached a settlement agreement with the hit-and-run victim, she did not meet her burden of proving that the agreement covered lost wages, therefore she is liable for them in restitution.

publication orders, 7/28/10

On Point posts from this list:

2010 WI App 93 State v. Timothy Charles Bauer