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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.

Reasonable Suspicion – Stop – Basis – Warrant Execution – leaving house where warrant being executed

State v. Louis Taylor, 226 Wis.2d 490, 595 N.W.2d 56 (Ct. App. 1999) For Taylor: Donald T. Lang, SPD, Madison Appellate. Holding: Taylor walked out the back door as police were knocking on the front door to execute a warrant for someone else, in an area described as “high drug … high gang.” The police were […]

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Reasonable Suspicion to Stop – Basis – Privileged Information – Public Safety Exception to Psychotherapist-Patient Privilege

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999) For Agacki: John M. Carroll. Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search […]

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Reasonable Suspicion – Stop – Basis: Nervousness, Lateness of Hour, Picture of Mushroom

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray Issue/Holding: The police didn’t have reasonable suspicion to extend a routine stop for speeding based on the following: the driver’s wallet was adorned with a picture of a mushroom, coupled with the officer’s experience that the depiction […]

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Reasonable Suspicion – Stop – Basis – High-Crime Area

State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999) For Allen: Steven D. Phillips, SPD, Madison Appellate. Holding: Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car, standing alone, would not be enough to create […]

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Reasonable Suspicion – Stop – Basis – Officer’s “Good Faith” Interpretation of Ambiguous Statute

State v. Michael M. Longcore (I), 226 Wis. 2d 1, 594 N.W.2d 412 (Ct. App. 1999), affirmed by equally divided vote, 2000 WI 23, 233 Wis. 2d 278, 607 N.W.2d 620 For Longcore: William E. Schmaal, SPD, Madison Appellate. Holding: Longcore was stopped because his rear window was missing (it had been replaced with a plastic sheet). […]

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Reasonable Suspicion – Stop – Duration – Traffic Offense – Extended Beyond Permissible Limits

State v. Christopher E. Betow, 226 Wis.2d 90, 593 N.W.2d 499 (Ct. App. 1999) For Betow: James C. Murray. Issue/Holding: There is no question that a police officer may stop a vehicle when he or she reasonably believes the driver is violating a traffic law; and, once stopped, the driver may be asked questions reasonably […]

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Attempt, § 939.32 — intended victim’s refusal to submit

State v. Gabriel DeRango, 229 Wis.2d 1, 599 N.W.2d 27 (Ct. App. 1999), affirmed on other grounds, State v. Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 83 For DeRango: Robert G. LeBell Holding: The evidence was sufficient, largely because the complainant’s refusal to go along with DeRango’s scheme constituted intervention of another person, so as […]

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§ 940.01, Intentional Homicide — definitions – “human being” – fetus

State v. Deborah J.Z., 228 Wis.2d 468, 596 N.W.2d 490 (Ct. App. 1999), affirmed by equally divided vote, 225 Wis.2d 33, 590 N.W.2d 711 (1999) For Deborah J.Z.: Sally Hoelzel Holding: An unborn child is not a “human being” under the controlling definition in § 939.22(16), and the defendant therefore can’t be charged with attempting to kill […]

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§ 940.02, First-degree reckless homicide — utter disregard for human life — sufficiency of evidence

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: “Utter disregard for human life,” an element of first-degree recklessness, derives from the old second-degree (depraved murder) statute. It imposes an objective test. Therefore, in this shaken baby death, it’s irrelevant whether Edmunds had “personal […]

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§ 940.10, Negligent Homicide by Operation of Vehicle — elements — objective standard for negligent conduct

State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) For Johannes: Gregory A. Petit Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now […]

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