On Point

State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126 For defendants: Robert R. Henak Issue: Whether warrantless police entry of a stairway in a multiple unit building was lawful. Holding: Existence of reasonable expectation of privacy in a stairway leading to the upper levels of […]

State v. Kelsey C.R., 2001 WI 54 For Kelsey C. R.: Susan Alesia, SPD, Madison Appellate Issue: Whether the police had reasonable suspicion to frisk Kelsey, a juvenile, before placing her in a squad car and transporting her home at her mother’s request. Holding: The most significant feature of this fractured ruling is majority support for the […]

State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether the need to transport in a police vehicle a person, who is not in custody, is itself an exigency justifying a pat-down search for weapons. Holding: ¶17. … With five members of the court declining to adopt a per ser rule, […]

State v. Tronnie M. Dismuke, 2001 WI 75, 244 Wis. 2d 457, 628 N.W.2d 791, reversing and remanding, 2000 WI App 198, 238 Wis. 2d 577, 617 N.W.2d 862 For Dismuke: Richard D. Martin, William S. Coleman, SPD, Milwaukee Appellate< Issue: Whether a defendant may have to bear costs of being produced from prison for court appearances. […]

State v. Eddie McAttee, 2001 WI App 262 For McAttee: Russell D. Bohach Issue: Whether the Riverside probable cause finding was tainted by a factual misrepresentation (specifically, that McAttee had been implicated by a “coconspirator”) in the police report submitted in support of continued detention. Holding: Though describing the informant as a coconspirator “may have been legally […]

State v. Ashley B. Steele, 2001 WI App 160, PFR filed 6/25/01 For Steele: Christopher William Rose Issue: Whether sentencing eligibility for “boot camp” is determined by bright-line statutory guidelines, or by exercise of trial court discretion. Holding: ¶12. While an offender must meet the eligibility requirements of Wis. Stat. § 302.045(2) to participate in the challenge […]

State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether evidence seized under a warrant defective because unsupported by probable cause may be admissible under the good-faith doctrine. Holding: Given that, subsequent to trial-level litigation, the supreme court recognized the good-faith exception to the exclusionary rule, in State v. […]

State v. Bill Paul Marquardt, 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the search warrant was supported by probable cause. Holding: ¶18. …. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting “that the perpetrator had […]

State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the […]

State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether the trial court’s response to a jury request to see a written report and a transcript of a witness’s testimony — that these items were “not available” — without first seeking defense input was error. Holding: The […]