On Point

State v. Jennifer K. Matejka, 2001 WI 5, 621 N.W.2d 891, affirming unpublished decision of court of appeals. For Matejka: James B. Connell Issue: “(W)hether, under the consent exception to the Fourth Amendment’s warrant requirement, a driver’s consent to a police officer’s search of a vehicle extends to a passenger’s jacket left in the vehicle at the […]

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 an apartment owner’s consent to search his apartment, given in response to police threat to obtain a search warrant even though no probable cause existed, was involuntary. Holding:: […]

State v. Bill Paul Marquardt , 2001 WI App 219, PFR filed 9/20/01 For Marquardt: James B. Connell Issue: Whether the automobile exception allowed the warrantless search of defendant’s car. Holding: A warrantless search of a vehicle requires two showings: probable cause; and “ready” mobility of vehicle. ¶¶31-32. Because the defendant did not contest probable cause until his […]

State v. Paul J. VanLaarhoven, 2001 WI App 275 For VanLaarhoven: Michele Anne Tjader Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant. Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical […]

State v. Debra Noble, 2002 WI 64, reversing 2001 WI App 145, 246 Wis. 2d 533, 629 N.W.2d 31 For Noble: Thomas H. Boyd Issue/Holding: Suppression of evidence is required only where it has been obtained in violation of the defendant’s constitutional rights or of a statute specifically providing for suppression as a remedy. ¶14. Issue: Whether, assuming […]

State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue: Whether violation of a statutory requirement for issuance of a building inspection warrant (namely, the § 66.0119(2) condition that such a warrant be issued only upon showing that consent to enter was refused) supports suppression of evidence obtained after entry under the warrant. Holding: […]

State v. Albert Jackowski, 2001 WI App 187 For Jackowski: Ronald C. Shiroka Issue1: Whether review of issuance of an administrative warrant is entitled to the same deference as a criminal search warrant. Holding: “Great deference” is no less accorded a magistrate’s decision to issue an administrative warrant than a criminal search warrant. ¶¶9-14. Issue2: Whether a building […]

State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, reversed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the evidence was sufficient to sustain conviction for interference with child custody, § 948.31(2) and abduction, § 948.30(1)(a). Holding: ¶38      We adopt the State’s construction.  So long as the defendant has had a hand […]

State v. Davon R. Malcom, 2001 WI App 291, PFR filed 11/27/01 For Malcom: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the trial court properly amended the information, after close of evidence, to add a charge of keeping a place “which is resorted to by persons using controlled substances” to the charge of using the […]

State v. Dennis R. Fosnow, 2001 WI App 2, 240 Wis. 2d 699, 624 N.W.2d 883 For Fosnow: David D. Cook Issue: Whether a postconviction diagnosis supporting an NGI defense amounted to newly discovered evidence, where the defendant had pled no contest after receiving unfavorable NGI evaluations. Holding: The new diagnosis was merely a new appreciation of […]