On Point

State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03
For Schaefer: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding: Individual pornographic photos, all found on the same storage disk, support individual charges, it being “reasonable to assume that the existence of multiple files on the Zip disk demonstrates that Schaefer made a new decision to download a particular image file.9 Therefore, each image file ‘represent[s] a new volitional departure,’ and the charges against Schaefer are different in fact.” ¶50. 

State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03
For Kutz: T. Christopher Kelly

Issue/Holding: The police had probable cause to arrest Kutz for involvement in his wife’s disappearance where: there was reason to believe that she had suffered serious harm given that she hadn’t returned to her mother’s house as expected, her family had unsuccessfully looked for her, and it was unlike her not to notify her family of a change in plans,

State v. Cara A. Erickson, 2003 WI App 43

Issue/Holding: The following facts established probable cause to arrest, hence to take a warrantless blood draw, for OWI:

¶15. In this case, the officer knew the following information when he ordered the blood draw. At about 5:40 a.m. on August 27, 2000, less than two hours prior to the blood draw, Erickson crashed her pickup truck into a vehicle with sufficient force to set the vehicle on fire.

State v. James L. Larson, 2003 WI App 150
For Larson: Rex Anderegg

Issue/Holding:

¶16. To determine if probable cause exists, the court must consider whether “the totality of the circumstances within the arresting officer’s knowledge at the time of the arrest would lead a reasonable police officer to believe … that the defendant was operating a motor vehicle while under the influence of an intoxicant.” 

State v. Matthew J. Knapp, 2003 WI 121, on certification; vacated and remanded on other grounds (for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590)
For Knapp: Robert G. LeBell

Issue1: Whether the search of Knapp’s bedroom was properly consented to by his brother (George),

State v. Timothy T. Clark, 2003 WI App 121
For Clark: Rodney Cubbie

Issue/Holding: Although warrantless automobile searches aren’t presumptively unreasonable, the automobile exception to the warrant requirement is inapplicable in the absence of probable cause to search the automobile. ¶18.

State v. James L. Larson, 2003 WI App 150
For Larson: Rex Anderegg

Issue/Holding: Exigent circumstances weren’t present to justify police entry of a residence to arrest a suspected drunk driver, Welsh v. Wisconsin, 466 U.S. 740 (1984) controlling. ¶¶17-22.

State v. Cara A. Erickson, 2003 WI App 43, PFR filed

Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest.

Holding:

¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently contains evidence of a drunk-driving-related violation or crime satisfies the first prong of Bohling.

State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03
For Riedel: Ralph A. Kalal

Issue/Holding: Police not required to obtain warrant in order to test blood seized pursuant to Implied Consent Law; State v. VanLaarhoven, 2001 WI App 275 extended (VanLaarhoven consented to initial seizure, Riedel didn’t). ¶¶11-16.

State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89
For Hamilton: Robert A. Ramsdell

Issue/Holding:

¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action to collect child support arrearages in 2000.