On Point

State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision For McGill: Steven P. Weiss, SPD, Madison Appellate Issue1: Whether seizing an object from the suspect’s pocket exceeded the permissible scope of a Terry frisk Holding: Because the object’s size, shape and feel were consistent with a pocket knife; and […]

State v. David Carneal White, 2000 WI App 147, 237 Wis.2d 699, 615 N.W.2d 667 For White: Jeffrey A. Kingsley Issue: Whether a court has authority to stay a sentence until the defendant is released or discharged from an otherwise unrelated Ch. 980 commitment. Holding: The purposes of § 971.17 NGI and Ch. 980 SVP commitments being similar (¶¶8-9), […]

State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512 For Blanco: Michael P. Jakus Issue: Whether an arrest warrant provided authority for the police to enter the residence of a third party and arrest the person named in the warrant. Holding: ¶10 An arrest warrant authorizes the […]

State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26 For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger. Holding: The showing […]

State v. Lance R. Ward, 2000 WI 3, 231 Wis.2d 723, 604 N.W.2d 517, reversing 222 Wis. 2d 311, 588 N.W.2d 645 For Ward: Daniel P. Dunn Issue: Whether the search warrant established probable cause despite the absence of an explicit connection between the owner’s alleged drug dealing and his residence. Holding: The supporting affidavit’s assertion that the […]

State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether officers executing a search warrant for Landis’s apartment exceeded the scope of the warrant when they entered and searched Herrmann’s separate residential unit on the same floor. Holding: The officers neither knew nor […]

State v. Keith Schroeder, 2000 WI App 128, 237 Wis.2d 575, 613 N.W.2d 911 For Schroeder: Kevin D. Musolf Issue/Holding: Inspection of child pornography on a computer, found during a warrant-authorized search of a computer for unrelated material, was in plain view so as to be subject to seizure without a separate warrant: 13            In order […]

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a search of documents exceeded the scope of a warrant authorizing a search for currency, among other things. Holding: Because the warrant authorized a search for currency, the officers were […]

State v. Scott L. Stevenson, 2000 WI 71, 236 Wis. 2d 86, 613 N.W.2d 72, on certification For Stevenson: Elizabeth Cavendish-Sosinski, Daniel P. Fay Issue: Whether § 944.205(2)(a) is overbroad. Holding: Yes. § 944.205(a) (a) prohibits depictions of nudity without the person’s knowledge and consent. Because this statute implicates first amendment rights, the state assumes the […]

State v. William W. Boyd, 2000 WI App 208, 238 Wis.2d 693, 618 N.W.2d 251 Issue: Whether forfeiture of the entire value of a $28,000 vehicle which transported a weapon used in a crime was excessive, especially in light of the maximum fine of $10,000 for the crime. Holding: Applying the proportionality test mandated by United States […]