On Point

State v. Alisha M. Olson, 2001 WI App 284
For Olson: Daniel P. Fay

Issue: Whether the police had reasonable suspicion to make a traffic stop to investigate the driver for a burglary two days earlier.

Holding:

¶8. In the present case, we find sufficient facts to give rise to a reasonable suspicion that Olson had committed a crime. The Waukesha County Sheriff’s Department did not pull Olson’s name out of a hat.

State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP

Issue: Whether an officer may stop a car for not displaying a rear plate, when the car has a temporary license sticker which isn’t seen until after the stop.

Holding:

¶8 While the temporary license sticker in this case may be a better indicator of registration than the ‘license applied for’ sign in [State v.]Griffin[,

State v. Lawrence A. Williams/State v. Antwon C. Mathews, 2002 WI 94, reversing 2001 WI App 249, 248 Wis. 2d 361, 635 N.W.2d 869
For Williams: Thomas E. Knothe
For Mathews: Peter J. Thompson

Issue: Whether the traffic stop was unnecessarily prolonged so as to amount to an illegal seizure and invalidate consent to search the car.

State v. Christopher Gammons, 2001 WI App 36
For Gammons: Keith A. Findley, LAIP

Issue: Whether, following stop of a car which seemed not to have plates, identification-related investigation of passenger is permissible once the officer discovers proof (display of temporary sticker) that there is in fact no apparent violation of registration laws.

Holding: A lawful stop doesn’t become an unreasonable seizure merely because the officer asks for the passenger’s identification.

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 a guest temporarily on premises used primarily for commercial purposes had standing to assert suppression of evidence seized after unlawful police entry.

Holding:: Notwithstanding certain language in Minnesota v. Carter, 525 U.S.

State v. Jefrey S. Kimbrough, 2001 WI App 138, PFR filed 6/25/01
For Kimbrough: Glenn C. Cushing, SPD, Madison Appellate

Issue: Whether the evidence satisfied the reckless-conduct element, in particular that the defendant was subjectively aware of the risks in shaking a baby who died as a result.

Holding: The jury was entitled to draw a finding of guilt on this element from competing inferences: Though defendant’s intelligence was “limited,”

Lavelle Chambers v. McCaughtry, 264 F.3d 732 (7th Cir 2001)
For Chambers: John T. Wasielewski

Issue/Holding: Chambers is liable for the killing of a police officer by Chambers’ codefendant, while the pair were trying to flee apprehension during commission of a felony (armed burglary).

State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142
For Badker: Timothy A. Provis

Issue: Whether the evidence was sufficient to sustain conviction for “hiding” corpse, § 940.11(2).

Holding: By dumping the deceased’s body into a 6-foot-deep, water-lined ditch in a secluded wildlife refuge, Badker satisfied the element of “hiding” under § 940.11(2).

State v. Murle E. Perkins, 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25, reversed on other grounds, State v. Perkins, 2001 WI 46, ¶2 n. 2
For Perkins: William E. Schmaal, SPD, Madison Appellate

Issue: Whether a conditional threat to shoot a judge, made by a drunk and very depressed individual just before being taken into Ch. 51 emergency detention,

State v. Tyren E. Black, 2001 WI 31, 242 Wis. 2d 126, 624 N.W.2d 363
For Black: Michael S. Holzman

Issue: Whether the defendant’s admission of “handling” a gun established the element of “possesses” a firearm under § 941.29(2), for purposes of establishing a guilty plea factual basis.

Holding:

¶19 At the outset, we note the absence of any mens rea5 requirement in this statute.