On Point: 1. Appeals

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State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals
For Hunt: Rex R. Anderegg

Issue/Holding:

¶43. The State maintains that the court of appeals erred in interpreting Sullivan. We agree. Sullivan does not state, as the decision of the court of appeals suggests, that in situations where the circuit court fails to set forth a detailed analysis for admitting or excluding other-acts evidence,

State v. Paul J. Stuart, 2003 WI 73, on certification (subsequently reversed on other grounds, State v. Paul J. Stuart, 2005 WI 47)
For Stuart: Christopher W. Rose

Issue/Holding: Supreme court disposition of an earlier appeal via summary order is law of the case as to subsequent appeal; the order resolved a question of law despite failing to state reasons: though an affirmance of a discretionary ruling may not determine a question of law,

State v. Gary M.B., 2003 WI App 72, affirmed on other grounds, 2004 WI 33
For Gary M.B.: T. Christopher Kelly

Issue/Holding: A court of appeals holding in a case reversed by the supreme court on other grounds, so that this holding was neither “overruled, withdrawn, or modified,” continues to bind the court of appeals. ¶13.

The court of appeals had held under similar circumstances to Gary M.B.’s that defensive use didn’t trigger waiver, 

 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.

State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116
For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate

Issue/Holding: ¶7 n. 5:

As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v. Leitner,

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02
For Barreau: Glenn C. Reynolds
Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after the witness testified outside the jury’s presence that there were none.

State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, State v. Polashek, 2001 WI App 130, 246 Wis. 2d

For Polashek: Nila Jean Robinson

Issue: Whether the state’s petition for leave to appeal a non-final order was timely, where the order was issued “nunc pro tunc” in reference to an earlier letter in which the court set forth its inclination to rule against the state.

State v. Joeval M. Jones, 2002 WI 53, ordering withdrawal of opinion in State v. Jones, 2002 WI App 29, 250 Wis. 2d 77, 640 N.W.2d 151
For Jones: Paul G. LaZotte, SPD, Madison Appellate
Issue/Holding: Under State v. Lee, 197 Wis. 2d 959, 542 N.W.2d 143 (1996), “the court of appeals may not refuse to dismiss an appeal when an appellant notifies the court of voluntary dismissal of the appeal pursuant to Wis.

Calumet County DHS v. Randall H., 2002 WI 126, on certification

Issue/Holding: Where “the procedural history” and “the underlying facts” are not in dispute, “a determination of whether the facts meet the applicable legal standard” is reviewed de novo.