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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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Frisk of Automobile – Reasonable Suspicion: Single Factor – “Furtive” Movement
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶34 Turning to the present case, the State contends that Johnson’s movement in the interior of the car was a sufficiently compelling factor to justify Stillman’s protective search of Johnson’s car. The State asserts that […]
Reasonable Suspicion — Stop, Duration, Routine Traffic Violation
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15 For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶45 Another factor weighs strongly against the reasonableness of the protective search in this case. Before Johnson was asked to exit the vehicle and submit to a pat down, he gave Stillman paperwork showing that […]
§ 940.09(2), Defense to Homicide by Intoxicated Use: Death Would Have Occurred Anyway – Admissibility of Evidence of Deceased’s Prior Conduct as Relevant to Intervening Cause
State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion For Muckerheide: Mark S. Rosen Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that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, […]
Expectation of Privacy – Automobile: Closed Container
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶32 Bruski argues that he had a reasonable expectation of privacy in his travel case, even if he did not have a reasonable expectation of privacy in Ms. Smith’s vehicle. The question of whether an […]
OWI – Appellate Procedure: Finality of Order, State’s Appeal: Collateral Attack on Prior OWI Conviction
State v. Gary J. Knapp, 2007 WI App 273 For Knapp: Cory C. Chirafisi Issue/Holding: The State may not appeal as a matter of right from a successful collateral attack on a prior OWI conviction, reducing the pending charge from OWI-3rd to -2nd; instead, the State’s remedy is to seek leave to appeal a non-final […]
Warrantless Entry of Residence – Exigency — Destruction of Evidence (Drugs)
State v. Dwight M. Sanders, 2007 WI App 174, affirmed on different ground, 2008 WI 85 For Sanders: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶32 In both Hughes and Garrett, the police officers actually detected the presence of drugs within the residence before they entered without a warrant. In Hughes, the officers smelled the “unmistakable odor of marijuana coming […]
§ 943.20(1)(d), Theft by Fraud – Civil Tort Law, as Aid to Construction
State v. Dale C. Ploeckelman, 2007 WI App 31 For Ploeckelman: Rand Krueger Issue/Holding: ¶17 Wisconsin Stat. § 943.20(1)(d) prohibits a type of fraud, which is addressed by both criminal and civil tort law. See State v. Timblin, 2002 WI App 304, ¶31, 259 Wis. 2d 299, 657 N.W.2d 89. While there are no common law […]
Theft by Fraud, § 943.20(1)(d) – Element of Misrepresentation – Satisfied by Failure to Discharge Duty to Disclose
State v. Dale C. Ploeckelman, 2007 WI App 31 For Ploeckelman: Rand Krueger Issue/Holding: ¶18 A representation can be acts or conduct. See Stecher v. State, 168 Wis. 183, 186, 169 N.W. 287 (1918). In Kaloti Enters., Inc. v. Kellogg Sales Co., 2005 WI 111, 283 Wis. 2d 555, 699 N.W.2d 205, our supreme court […]
Emergency Exception to Warrant Requirement — Officer’s Subjective Intent
State v. David M. Larsen, 2007 WI App 147, PFR filed 5/31/07 For Larsen: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶18 The parties express some confusion over whether an officer’s subjective motivations are relevant in determining whether his or her actions violate the Fourth Amendment in emergency doctrine matters. Recent cases from our supreme court […]
Prostitution, § 944.30(1) – Sufficiency of Evidence – On Charge of Soliciting Intercourse: Offer to Watch Subject Masturbate
State v. David Richard Turnpaugh, 2007 WI App 222 For Turnpaugh: David P. Geraghty, Michael Sosnay Issue: Given that, as charged, the offense required soliciting “sexual intercourse” (which in turn is defined as “vulvar penetration”), whether the statement “that he was looking for sex and he wanted me to masturbate and that he wanted to […]
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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.