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Supreme Court to hear Walworth County case

MADISON — The Wisconsin Supreme Court today will hear arguments in the case of a man whose Walworth County bail jumping conviction was reversed because of an invalid arrest warrant.

After Michael R. Hess of Walworth County was convicted in 2007 of sixth-offense drunken driving, he failed to cooperate with the pre-sentence investigation writer. A judge issued an arrest warrant to compel Hess to cooperate.

Hess was intoxicated at the time a sheriff's deputy took him into custody, and Hess was charged with felony bail jumping because the terms of his bond required him to stay sober.

The 2nd District Court of Appeals ruled that the arrest warrant was invalid because Judge James Carlson had no power to issue a civil arrest for a criminal accusation. The appeals court wrote that Hess had not been not ordered to comply with the pre-sentence investigation writer, and his lack of cooperation was no reason for an arrest warrant.

With the arrest warrant deemed invalid and the resulting evidence suppressed, Hess' felony bail jumping conviction was reversed.

The state appealed.

Assistant Attorney General Aaron O'Neil wrote in his appeal to the Supreme Court that the good-faith exception should apply because the sheriff's deputy who arrested Hess and tested his blood alcohol content was under the impression that the arrest warrant was valid.

The good faith exception is a part of the law that allows courts to exempt evidence gathered during the execution of an arrest warrant or search warrant. The exception is an effort to prevent judicial errors from prompting suppression of evidence.

Hess’ case appears to be the first case in Wisconsin addressing the application of the good faith exception in the context of an arrest warrant rather than a search warrant, O’Neil wrote.

The Wisconsin Supreme Court was scheduled to hear Hess' case at 9:45 a.m. today.