On Point

State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue: Whether consent to search, immediately following warrantless entry of the home, sufficiently attentuated any taint from that entry. Holding: Consent was freely given and […]

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 consent to search was valid, immediately following unlawful entry of the occupant’s apartment. Holding: Given the “coercive circumstances” – entry in middle of night, with officers yelling “search warrant” – any consent Herrmann […]

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 the search warrant for Herrmann’s apartment was supported by evidence sufficiently untainted by an illegal entry into his apartment. Holding: The untainted discovery of nine marijuana plants, prior to the occurrence of the […]

State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established […]

State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291. For Knight: Scott B. Taylor. Issue: Whether seizure of a disbarred attorney’s client files by a court-ordered trustee amounted to governmental action so as to trigger fourth amendment protections. Holding: ¶8 Here, Garczynski’s seizure and search of Knight’s client files […]

State v. Adrian L. Williams, 2000 WI 78, 236 Wis. 2d 293, 613 N.W.2d 132, affirming unpublished decision of court of appeals For Williams: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether “this court [should] adopt a new rule of procedure, which would require that if a trial judge anticipates exceeding the state’s sentence recommendation under […]

State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376 For Semrau: John D. Lubarsky, SPD, Madison Appellate Issue: Whether (assumed) erroneous refusal to suppress evidence was harmless on appeal following guilty plea, under Wis. Stat. § 971.31(10). Holding: Strength of admissible evidence, apart from unsuppressed evidence, placed Semrau […]

State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig,, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999) For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd. Issue: Whether the trial court should have granted Bollig’s pre-sentencing motion to withdraw guilty plea based on […]

State v. Michael R. Bauer, 2000 WI App 206, 238 Wis. 2d 6887, 617 N.W.2d 902 For Bauer: Thomas Voss Issue: Whether evidence that the defendant, while awaiting trial, solicited the murders of people who were going to testify against him was admissible. Holding: ¶2            Bauer argues that the solicitation evidence was other acts evidence […]

State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 N.W.2d 552, affirmed by equally divided court, 2001 WI 56. For Bond: William Coleman; Janet Barnes, Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The prosecution may not use at trial the fact that a defendant stood mute in the face of an accusation. ¶27.