On Point: D. Waiver of issues/arguments

State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148, 266 Wis. 2d 168, 667 N.W.2d 800
For Carprue: Stephanie G. Rapkin

Issue/Holding:

¶34 Subsection (3) of § 906.14 authorizes objections, and it “defers the requirement of a timely objection . . . to the next available opportunity when the jury is not present.” Id. R202. This subsection appears to focus more on situations where the judge questions witnesses in front of a jury than where a judge questions a witness in a bench trial or outside the presence of a jury.¶35 Given the explicit authority to object to a judge’s action,

State v. Obea S. Hayes, 2004 WI 80, affirming 2003 WI App 99, 264 Wis. 2d 377, 663 N.W.2d 351
For Hayes: Philip J. Brehm

Issue: Whether challenge to sufficiency of evidence must be raised during trial in order to preserve the right to raise the challenge on appeal.
Holding: State v. Gomez, 179 Wis. 2d 400, 507 N.W.2d 378 (Ct.

State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04
For Wollenberg: Susan E. Alesia, SPD, Madison Appellate

Issue/Holding:

¶12. Second, assuming this was a DPA, Wollenberg claims the judgment is void because the agreement was never in writing. Wollenberg, however, invited the error he alleges, and we normally will not review invited error. See Atkinson v. Mentzel,

State v. Gregg A. Pfaff, 2004 WI App 31
For Pfaff: Rex Anderegg

Issue/Holding: Failure to request order barring on prosecutor’s conferring with particular witness during break in testimony waived right to challenge such consultation, notwithstanding similar order with respect to different witness, and general sequestration order. ¶¶38-41.

State v. Thomas H. Bush (II), 2004 WI App 193, reversed in part, 2005 WI 103
For Bush: Robert G. LeBell

Issue: Whether Bush, on appeal from denial of petition for release from SVP commitment, § 980.09(2), is procedurally barred from challenging the constitutionality of his underlying commitment because he could have raised such challenge in a prior appeal.

Holding:

¶13.

State v. Sylvester Sigarroa, 2004 WI App 16
For Sigarroa: John Pray, UW Law School
Issue/Holding:

¶28. We do not end our discussion here. Instead, we are compelled to admonish the increasing pattern of witness and/or attorney violation of in limine orders. On several occasions, we have spent judicial time and resources to make a very similar admonition. Unfortunately, it appears our reproach has fallen on deaf ears because the pattern of these violations continues.¶29.

 State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding:

¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed to raise this issue with sufficient prominence before the trial court.

State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03
For Brown: Robert T. Ruth

Issue/Holding: Where defendant was charged with theft and operating without consent relating to property and a vehicle that he had permission to take but failed to deliver to the agreed out-of-state destination, his proffer that he drove to a truck stop where he abandoned the vehicle was insufficient to preserve the issue of whether the trial erred in excluding his testimony due to failure to comply with notice of alibi requirement,

State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03
For Riedel: Ralph A. Kalal

Issue/Holding:

¶8. At the outset, we reject the State’s threshold argument that Riedel is precluded from challenging the trial court’s suppression ruling based on Riedel’s conviction on the OWI charge and the dismissal of the PAC charge. The State reasons that Riedel’s appeal lacks a justiciable controversy because he has failed to argue that he would not have pled to the OWI charge if the trial court had granted the suppression motion or that the OWI evidence would have been insufficient absent the blood test results.

 State v. Phillip Cole, 2003 WI 112, on certification
For Cole: Michael Gould, SPD, Milwaukee

Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by the plea. ¶46.