On Point

State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate. Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to […]

State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations. Holding: The crime of nonsupport is […]

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. Issue/Holding: An officer stopped Longcore’s car because his back window had been replaced with a plastic covering. […]

State v. Timothy M. Secrist, 224 Wis. 2d 201, 589 N.W.2d 387, cert. denied, __ U.S. __ (1999), reversing, 218 Wis.2d 508, 582 N.W.2d 37 (Ct. App. 1998) For Secrist: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: The issue presented to the court is whether the odor of a controlled substance may provide probable cause to arrest, and, […]

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Ison lacked probable cause to arrest Wilson when he refused to allow Wilson to use the bathroom because at that time, Ison could not identify Wilson as the source of the marijuana odor […]

State v. Mata, 230 Wis.2d 567, 602 N.W.2d 158 (Ct. App. 1999) For Mata: Daniel P. Murray. Issue: Whether the police had probable cause to search the passenger of a stopped car, based on the odor of “raw” marijuana. Holding: The odor of marijuana was sufficiently linked to the passenger to justify the search. The police […]

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: After unlawfully intruding on a home’s curtilage and smelling marijuana burning inside the home, an officer approached Wilson and wouldn’t let him go to the bathroom without first patting him down. This, the […]

State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Holding: Consent to search was mere acquiescence and therefore involuntary. (“Depriving a defendant of necessities is an indicia that consent is involuntary.”)  

County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988) For Renz: Stephen E. Mays. Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test. Holding: The “overall […]

State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999) For Monarch: Craig S. Lambert Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations Holding:: The crime of nonsupport is complete after each […]