COA: Good faith OKs blood draw whether or not implied consent statute constitutional

State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form […] Source: WI Public Defenders – On Point COA: Good … Continue reading COA: Good faith OKs blood draw whether or not implied consent statute constitutional

Totality of circumstances justified extension of traffic stop

State v. Yunus E. Turkmen, 2018AP1673-CR, District 3, 8/13/19 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Turkmen after he made a U-turn in the middle of an intersection and squealed his tires loudly. (¶3). Based on that conduct and information obtained and observations made after the stop, there was a […] Source: WI Public Defenders – On Point Totality of … Continue reading Totality of circumstances justified extension of traffic stop

The 4th Amendment in SCOW: It’s not dead yet!

SCOWstats has been tracking how Wisconsin Supreme Court justices vote in 4th Amendment cases for years. Its last update was in 2017 when Justice Gableman was still on the court and Justices R.G. Bradley and Kelly had recently joined. Today SCOWstats posted another update through the end of the 2019 term, which included Justice Dallet. Surprise! […] Source: WI Public Defenders – On Point The 4th … Continue reading The 4th Amendment in SCOW: It’s not dead yet!

COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of […] Source: WI Public Defenders – On Point COA finds … Continue reading COA finds reasonable suspicion for drug investigation, FSTs; probable cause for arrest

Court of appeals approves striking black jurors due to their prior bad experiences with police

State v. Malcolm J. Sanders, 2018AP1310-CR, 8/7/19, District 2 (recommended for publication); case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial […] Source: WI Public Defenders – On Point Court of … Continue reading Court of appeals approves striking black jurors due to their prior bad experiences with police

Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

Ozaukee County v. R. C.J. Y., 2019AP297, 8/7/19, District 1 (1-judge opinion, ineligible for publication); case activity Many Chapter 51 cases are resolved through 90-settlement agreements entered just before or just after the circuit court holds a probable cause hearing. These settlement agreements are governed by §51.20(8)(bg),(bm) and (br). The court of appeals explained that if […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! Court must hold probable cause hearing within 72 hours of detention for violating Ch. 51 settlement agreement

COA holds that DA’s sarcastic belittling of public defenders was due to inexperience, not overreach

State v. Darius Kavonta Smith, 2019AP642 & 643-CR, 8/6/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) During closing arguments, the DA made a sarcastic, belittling reference to public defenders who line up empty chairs to emphasize that the State neglected to call witnesses to prove guilt beyond a reasonable doubt. The […] Source: WI Public Defenders – On Point COA holds … Continue reading COA holds that DA’s sarcastic belittling of public defenders was due to inexperience, not overreach

Second attempt to challenge 1995 license revocation fails, too

State v. Robert E. Hammersley, 2018AP1022, District 3, 7/30/19 (one-judge decision; ineligible for publication); case activity (including appellant’s brief) Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), doesn’t provide a basis to void the revocation of Hammersley’s driver’s license back in 1995 for refusing a blood alcohol test after his OWI arrest. Hammersley argues […] Source: WI Public Defenders – On Point Second attempt … Continue reading Second attempt to challenge 1995 license revocation fails, too

Ludicrous is not the same thing as absurd

State v. Medford B. Matthews, III, 2018AP845, 7/24/19, District 2 (recommended for publication); case activity (including briefs) It’s a crime in Wisconsin to have sex with a person under 18. Specifically, it’s a misdemeanor, if that person is 16 or older—like the 17-and-a-half-year-old alleged victim here. But, it’s tough to have sex without (1) being […] Source: WI Public Defenders – On Point Ludicrous is … Continue reading Ludicrous is not the same thing as absurd

COA: Cops invade no expectation of privacy by looking into yard visible from road

State v. Adam Blaine Anderson, 2018AP718, 7/23/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy saw Anderson, who had an outstanding warrant, in the yard of an a acquaintance with whom he was staying. Specifically, the sheriff saw him by means of a live surveillance video; they’d installed a […] Source: WI Public Defenders – On Point COA: Cops … Continue reading COA: Cops invade no expectation of privacy by looking into yard visible from road