Categories
1. Miranda custody 45. WI Court of Appeals 5. Confessions A. In-Custody, 5th Amendment B. Published opinions Important Posts Published 2019

Incarceration is no longer custody per se under Miranda

State v. Brian L. Halverson, 2018AP858-CR, 11/13/19, District 3 (recommended for publication); case activity (including briefs) Until now, Wisconsin held that a person who is interviewed by law enforcement while incarcerated is per se in custody and thus must receive a Miranda warning. State v. Armstrong, 223 Wis. 2d 331, 588 N.W. 2d 606 (1999). This published […]
Source: WI Public Defenders – On Point
Incarceration is no longer custody per se under Miranda

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3. Exigent circumstances 34. Search & Seizure 45. WI Court of Appeals B. Published opinions C. Warrant unnecessary e. Hot pursuit Important Posts Published 2019

How to measure the hotness of an officer’s pursuit

State v. Jeffrey L. Ionescu, 2018AP1620-CR, 11/13/19, District 2 (recommended for publication; case activity (including briefs) A homeowner told police that he found a burglar in his car and saw him run west across his yard. About 10 minutes later, officer and a trained tracking dog headed in that direction for about 30 minutes. The […]
Source: WI Public Defenders – On Point
How to measure the hotness of an officer’s pursuit

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45. WI Court of Appeals B. Published opinions Important Posts Published 2019

October 2019 publication list

On October 30, 2019, the court of appeals ordered the publication of the following criminal law related decision: State v. Amy Joan Zahurones, 2019 WI App 57 (defendant entitled to credit under § 973.155 toward sentence imposed after revocation of deferred entry of judgment agreement)
Source: WI Public Defenders – On Point
October 2019 publication list

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45. WI Court of Appeals B. Published opinions Important Posts Published 2019

August 2019 publication list

On August 28, 2019, the court of appeals ordered the publication of the following criminal law related cases: State v. David Gutierrez, 2019 WI App 41 (circuit court erred in excluding evidence that DNA of other men was found on a victim’s clothing and buccal swab) State v. Medford B. Matthews, III, 2019 WI App […]
Source: WI Public Defenders – On Point
August 2019 publication list

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24. Jury 3. Batson issues 45. WI Court of Appeals B. Published opinions B. Selection process Important Posts Published 2019

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

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45. WI Court of Appeals B. Published opinions Important Posts Published 2019

June 2019 publication list

On June 26, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Traci L. Kollross, 2019 WI App 30 (filing a citation in municipal court didn’t toll statute of limitations for criminal case based on same conduct) State v. Christopher L. Gee, 2019 WI App 31 (other-acts […]
Source: WI Public Defenders – On Point
June 2019 publication list

Categories
1. Stops, in general 34. Search & Seizure 45. WI Court of Appeals B. Published opinions c. Duration G. Reasonable suspicion Important Posts Published 2019

COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

State v. Courtney C. Brown, 2017AP774-CR, 6/5/17, District 2 (recommended for publication); case activity (including links to briefs) This is a published, split decision with a vigorous, showstopping “concurrence” by Reilly. Neubauer and Hagedorn hold that after writing Brown a ticket for a seatbelt violation, an officer’s request that he exit his car and consent to […]
Source: WI Public Defenders – On Point
COA reinforces Wisconsin’s elimination of 4th Amendment protections in traffic stops

Categories
45. WI Court of Appeals B. Published opinions Important Posts Published 2019

April 2019 publication list

On April 24, 2019, the court of appeals ordered the publication of the following decisions: Winnebago County v. C.S., 2019 WI App 16 (involuntary medication of committed prisoners) Brown County Human Services v. B.P. & T.F., 2019 WI App 18 (requirements for pleading “abandonment” under § 48.415; summary judgment reversed)
Source: WI Public Defenders – On Point
April 2019 publication list

Categories
34. Search & Seizure 45. WI Court of Appeals 6. Search incident to arrest a. Auto B. Published opinions D. Search incident to arrest Important Posts

OWI arrest automatically permits search of vehicle and all containers within it

State v. Mose B. Coffee, 2018AP1209-Cr, 4/24/19, District 2, (recommended for publication); case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even […]
Source: WI Public Defenders – On Point
OWI arrest automatically permits search of vehicle and all containers within it

Categories
1. Abandonment 10. Summary judgment 11. Defense Wins 39. TPRs 45. WI Court of Appeals B. Published opinions D. Grounds, Sec. 48.415 E. Procedure Important Posts Published 2019

Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed

Brown County Human Services v. B.P and T.F. 2018AP1259, 2018AP1278, 3/1/19, recommended for publication; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than […]
Source: WI Public Defenders – On Point
Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed