On Point: 1. Appeals

State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999), reconsideration denied, 225 Wis.2d 121, 591 N.W.2d 604 (1999)
For Armstrong: Steven A. Koch and Seymour, Kremer, Nommensen, Morrissy & Koch

Issue/Holding: Armstrong pleaded guilty, with suppression issues (admissibility of oral statements) preserved as matter of law under Wis. Stat. § 971.31(10). The supreme court holds that the trial court’s refusal to order suppression was error,

State v. Clyde B. Williams, 230 Wis.2d 50, 601 N.W.2d 838 (Ct. App. 1999)
For Williams: Michael E. Nieskes

Issue: Whether papers must be filed in the county of origin after a successor judge from another county is assigned to the case

Holding: “In this appeal we conclude that when a judge from a different county is assigned to a case in response to a substitution request,

City of Sheboygan v. Laura I. Flores, 229 Wis. 2d 242, 598 N.W.2d 307 (Ct. App. 1999)

In a traffic regulation case, the docket entries – not any judgment or order – reflect the final determination and trigger the notice of appeal deadline.

Fedders v. American Family Mut. Ins. Co., 230 Wis.2d 577, 601 N.W.2d 861 (Ct. App. 1999)

Issue: Whether a party may cross-appeal of right any interlocutory order after leave to appeal has been granted.

Holding: “(W)e hold that once leave to appeal has been granted, any other interlocutory order is appealable only by leave of this court. We dismiss the notices of cross-appeal filed in this appeal.”

State Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999)
For Kenyon: Rex Anderegg

Holding: Kenyon’s change in position from trial to appeal doesn’t fall within estoppel doctrine, because neither prosecution nor trial court relied on the changed position.

State v. Keith Jones, 228 Wis.2d 593, 598 N.W.2d 259 (Ct. App. 1999)
For Jones: Edward J. Hunt

Holding: In the course of making their get-away, Jones’s shoplifting codefendant allegedly threatened Shogren, a pursuing guard. Notwithstanding the codefendant’s acquittal, Jones’s conviction for armed robbery is sustained against a sufficiency of evidence challenge.

Here, there was sufficient evidence to convict Jones.  That the jury acquitted Patterson does not necessarily mean that it discounted Shogren’s testimony. 

State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification
For Kivioja: Mark G. Sukowaty.

Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied the motion after a hearing; the court of appeals certified the appeal,

State v. Chad D. Schroeder, 224 Wis.2d 706, 593 N.W.2d 76 (Ct. App. 1999)
For Schroeder: Patrick C. Brennan.

Issue/Holding: A guilty plea waives any right to a hearing under State v. Becker, 74 Wis. 2d 675, 247 N.W.2d 495 (1976) (whether state manipulated adult court in not commencing case I juvenile court). A Becker issue, in other words, is one of potential constitutional,

State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999)
For Carnemolla: Robert T. Ruth

Issue/Holding: No error found in trial court’s credibility-bound denial of new trial based on newly discovered evidence claim:

In the instant case, the trial court found Sautier to be “incredible.”  It also found “that a jury would [not] find []his testimony credible.”  Under McCallum,

In re Paternity of Roberta Jo W.: Roberta Jo W. v. Leroy W., 218 Wis.2d 225, 578 N.W.2d 185 (1998), on certification.

Holding:

The second issue is whether the circuit court erred in terminating court-appointed counsel upon the filing of a notice of appeal. We hold that after a notice of appeal was filed, the case was within the jurisdiction of the court of appeals,