On Point: 46. WI Court of Appeals

State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03
For Virlee: Jack E. Schairer

Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release.

Holding:

¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how the statute’s lack of a provision for pretrial release affects the trial court’s judgment.

State v. Randy D. Stafford, 2003 WI App 138
For Stafford: Robert G. LeBell

Issue/Holding:

¶12. … To obtain sentence modification, a defendant must establish that (1) a new factor exists, and (2) the new factor justifies sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a fact or set of facts constitutes a new factor presents a legal issue which we decide de novo. 

State v. Ray A. Schiller, 2003 WI App 195
For Schiller: Jack E. Schairer, SPD, Madison Appellate

Issue/Holding:

¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability to make choices, but the degree to which those choices are driven by a mental disorder: [S]erious difficulty in controlling behavior …

State v. Richard G.B., 2003 WI App 13, PFR filed 1/13/03
For Richard G.B.: Bridget E. Boyle

Issue/Holding: Sentence of 18 years for sexual assault of a child (mouth-vagina intercourse with 15 year-old niece) wasn’t harsh and excessive, measured against a maximum possible sentence of 20 years. Trial court also “articulated its reasoning for the sentence and considered the appropriate factors” (namely, primary sentencing factors, weighed against Richard’s character).

State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03
For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding: Sentence of initial confinement of 35 years not excessive:

¶25. Although we recognize that trial courts should impose “‘the minimum amount of custody’” consistent with the appropriate sentencing facts, State v.

State v. Joseph A. Lombard, 2003 WI App 163, affirmed, other grounds, 2004 WI 95
For Lombard: David R. Karpe

Issue/Holding: Evidence sufficient to support commitment though only one state’s expert supported commitment against three defense experts:

¶21 … The State’s expert, a psychologist who evaluated Lombard for the purpose of determining whether proceedings under Wis. Stat. ch. 980 should be instituted,

State v. James Lalor, 2003 WI App 68, PFR filed 4/15/03
For Lalor: T. Christopher Kelly

Issue/Holding: Evidence based on actuarial instruments (RRASOR; PCL-R; MnSOST-R; V-RAG), to the effect that of people with similar scores about 50% reoffend within five years and 70% within ten years, supports finding of substantial likelihood to engage in sexual violence. ¶¶15-25.

State v. Bryan Hoover, 2003 WI App 116, PFR filed 6/26/03
For Hoover: Glenn C. Cushing, SPD, Madison Appellate

Issue/Holding: The defense wasn’t entitled to cross-examine a prosecution witness about the sentence he received on an otherwise unrelated charge, where the witness wasn’t offered a benefit in exchange for his testimony. Allowing the defense to cross-examine on the witness’s perception of what benefit he might receive sufficiently accommodated the right of confrontation.

State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30
For Chvala: Lawton & Cates

Issue/Holding:

¶23. Chvala asserts that Wisconsin courts do not rely on decisions from other states to interpret the Wisconsin Constitution, and he asks that we not consider the above cases in reaching our decision. We recognize that none are binding, but there is no reason we may not consider how courts of other jurisdictions have decided the same or similar issues.

State ex rel Darrell W. Griffin v. Litscher, 2003 WI App 60

Issue/Holding:

¶5. Mandamus is an extraordinary writ which may be used to compel a public officer to perform a duty which he or she is legally bound to perform. Karow v. Milwaukee County Civil Serv. Comm., 82 Wis. 2d 565, 568 n.2, 263 N.W.2d 214 (1978). There are four prerequisites for issuance of a writ of mandamus: (1) a clear legal right;