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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Reasonable Suspicion – “Terry” Stop – Basis – Anonymous but In-Person Report of Drug Dealing and Loitering
State v. Tamara C. Limon, 2008 WI App 77, PFR filed 5/7/08 For Limon: Wm. Tyroler, SPD, Milwaukee Appellate; Lisa A. Packard, Law Student Issue/Holding1: ¶17 The investigative stop stemmed from an anonymous citizen’s tip of drug use and loitering on the porch of the residence. … Where an anonymous tipster is involved, police are required […]
Routine Traffic Stop — Routine Traffic Stop – Duration – Extension by 78 Seconds to Perform Dog Sniff
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue: whether extending a routine traffic stop by 78 seconds so that a dog could perform (without reasonable suspicion) a “drug sniff” amounted to an unlawful seizure. Holding: ¶34 … . There remains no hard-and-fast time limit for when a […]
Reasonable Expectation of Privacy – Guest: Permissive Use of Mobile Home
State v. Sean R. Fox, 2008 WI App 136 For Fox: Daniel M. Berkos Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home: ¶21 The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy, and to the […]
§ 940.225(7), Sexual Intercourse with Corpse – Defendant Didn’t Cause Death
State v. Alexander Caleb Grunke / State v. Dustin Blake Radke, 2008 WI 82, reversing 2007 WI App 198 For Grunke: Suzanne Edwards For Radke: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether § 940.225 criminalizes sexual contact or sexual intercourse with a victim already dead at the time of the sexual activity when the accused […]
Expectation of Privacy, Generally
State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding ¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the […]
§ 943.10, Burglary – Sufficiency of Evidence – Owner’s Nonconsent
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶37 Owner nonconsent, like other elements of criminal offenses, may be proved by circumstantial evidence. See Bohachef v. State, 50 Wis. 2d 694, 700-01, 185 N.W.2d 339 (1971). The test on review is […]
§ 943.20(1)(b) and (3)(c) – Theft as Trustee/Bailee in Business Setting – Elements – Sufficiency of Evidence
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: ¶57 Next, we address Doss’s argument that there was insufficient evidence to support her conviction under Wisconsin Statute § 943.20(1)(b). Doss correctly recites the elements the State was required to establish to obtain a conviction: that (1) […]
Unauthorized Use of Personal Identifying Materials, § 943.201(2) – Generally, Continuing Offense<
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶7 As relevant here, a person violates Wis. Stat. § 943.201(2) when he or she intentionally uses, attempts to use, or possesses with intent to use any personal identifying information … of an individual … (a) To […]
§ 943.201(2), Unauthorized Use of Personal Identifying Materials – Application to Closing of Fraudulently Opened Accounts: Liability Terminates
State v. George W. Lis, Sr., 2008 WI App 82 For Lis: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶1 … The key question in this appeal is whether Lis’s crimes continued after the fraudulent accounts he opened were closed. We conclude they did not. …… ¶8 In this case, Lis’s offense continued into 2003 […]
§ 943.34, Receiving Stolen Property: Venue
State v. Kenneth W. Lippold, 2008 WI App 130, PFR filed 8/18/08 For Lippold: Thomas J. Nitschke Issue/Holding: On a charge of receiving stolen property, venue may rest in the county where the underlying theft occurred (and, provable by circumstantial rather than direct evidence): ¶16 Extrapolating from the holding in Swinson, we conclude that because […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.