On Point

City of Milwaukee v. Ruby Washington, 2007 WI 104, affirming 2006 WI App 99
For Washington: Wm. Tyroler, SPD, Milwaukee Appellate; Karl Otto Rohlich, SPD, Milwaukee Mental Health
Amicus: Colleen Ball, ACLU

Issue/Holding: 

¶37 … We conclude that, together, the commonly accepted meanings of “facility” and “confined” indicate that the legislature intended jail to be a permissible placement option under Wis.

City of Milwaukee v. Ruby Washington, 2007 WI 104, affirming 2006 WI App 99
For Washington: Wm. Tyroler, SPD, Milwaukee Appellate; Karl Otto Rohlich, SPD, Milwaukee Mental Health
Amicus: Colleen Ball, ACLU

Issue/Holding: 

¶42      Washington next argues that if jail is a permissible place of confinement under Wis. Stat. § 252.07(9), confinement to jail is not permitted whenever some less restrictive placement is available,

State v. Vincent T. Grady, 2007 WI 81, reconsideration denied, 2007 WI 125, affirming 2006 WI App 188
For Grady: Donna L. Hintze, SPD, Madison Appellate

Issue/Holding:

¶16 We first address whether Wis. Stat. § 973.017(10) precludes appellate review of a circuit court’s consideration of an applicable sentencing guideline pursuant to Wis. Stat. § 973.017(2)(a).

State v. Samuel Nelis, 2007 WI 58, affirming unpublished decision
For Nelis: Robert A. Ferg

Issue/Holding:

¶45      Although Steve Stone testified at trial, Nelis argues that Steve Stone did not have the opportunity to explain or deny his alleged oral statements because the State did not examine him concerning such statements, and the oral statements were not made known prior to Police Chief Stone’s testimony.

State v. Mark D. Jensen, 2007 WI 26, on bypass
For Jensen: Craig W. Albee

Issue/Holding:

¶24      We note that there is support for the proposition that the hallmark of testimonial statements is whether they are made at the request or suggestion of the police. See State v. Barnes, 854 A.2d 208, 211 ( Me. 2004).

State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion
For Muckerheide: Mark S. Rosen

Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had, on prior occasions, gestured as if to grab the steering wheel of his father’s vehicle and,

State v. Robert E. Post, 2007 WI 60, reversing unpublished decision
For Post: T. Christopher Kelly

Issue/Holding1: Weaving within lane of travel doesn’t support bright-line rule justifying stop for suspicion of drunk driving:

¶14      The State contends that Sergeant Sherman had reasonable suspicion to stop Post. It advocates the view that repeated weaving of a motor vehicle within a single lane (absent an obvious innocent explanation) provides the reasonable suspicion to make an investigatory stop.

State v. Robert E. Post, 2007 WI 60, reversing unpublished decision
For Post: T. Christopher Kelly

Issue/Holding: 

¶28 As in Waldner, the police officer in the present case did not observe any actions that constituted traffic violations or which, considered in isolation, provided reasonable suspicion that criminal activity was afoot. However, when considered in conjunction with all of the facts and circumstances of the case,

State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15
For Johnson: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding:

¶23      In Pennsylvania v. Mimms, 434 U.S. 106 (1977), and Michigan v. Long, 463 U.S. 1032 (1983), the United States Supreme Court applied the principles of Terry to the validity of protective searches executed during a roadside stop.

State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53
For Bruski: Margaret A. Maroney, SPD, Madison Appellate

Issue/Holding: Bruski did not establish an expectation of privacy in the automobile from which evidence was seized, where his only connection to the automobile was that he had passed out in it; further, he did not know how he’d gotten to his current location and didn’t know where the car key was.