On Point: 46. WI Court of Appeals

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. Nathan T. Hall, 2002 WI App 108
For Hall: Howard B. Eisenberg, Dean, Marquette Law School

Issue/Holding: Because the trial court failed to explain its reasoning, its sentence was an erroneous exercise of discretion. In particular, the trial court exceeded the PSI recommendation (107 years) by approximately 200 years, without explaining either the necessity for sentences so long “that Hall will never live long enough to serve them,”

State v. Richard N. Konkol, 2002 WI App 174
For Konkol: Brian Hough

Issue/Holding: The proper test for admissibility of rebuttal evidence isn’t whether it could have been admitted in, or would have been useful to, the state’s case-in-chief, but whether it meets new facts put in by the defendant. ¶¶18-19.

¶18      Thus, the only other basis for barring the witness would be that she was not a bona fide rebuttal witness. 

State v. Zan Morgan, 2002 WI App 124
For Morgan: Timothy A. Provis

Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car.

Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of the interrogation; and the degree of restraint.”

State v. Howard C. Carter, 2002 WI App 55
For Howard: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding: Although review of a trial court’s determination of subjective (non-)bias of a prospective juror is generally deferential, here review is independent “because this is one of those rare situations where the prospective juror’s unambiguous response, rather than his demeanor, is the basis of his subjective bias.” ¶10. And, because the juror openly admitted his bias,

State v. Dale H. Chu, 2002 WI App 98
For Chu: Andrew Shaw, Rex R. Anderegg

Issue/Holding:

¶41. In his reply brief, Chu offers no response to the State’s argument concerning information about Wales. Unrefuted arguments are deemed admitted. See Charolais Breeding Ranches v. FPC Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493 (Ct. App. 1979). Accordingly, we reject his argument without further discussion

State v. Marvin C. Seay, State v. Christopher Tillman, 2002 WI App 37

Issue/Holding:

¶1. In these two appeals, the appellants filed unsigned notices of appeal with the clerks of the circuit courts. The issue is whether the failure to sign the notice of appeal deprives this court of appellate jurisdiction. In accord with the recent United States Supreme Court ruling in Becker v. Montgomery,

State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02

Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation.

Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring. ¶¶31-33.

State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02
For Polak: Philip J. Brehm
Issue/Holding:

¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the waiver of the right to counsel was knowing, intelligent and voluntary….¶16.

State v. Anthony J. Dentici, Jr., 2002 WI App 77, PFR filed 2/5/02
For Dentici: Joseph E. Redding

Issue/Holding:

¶1 … Dentici claims that he is entitled to twenty-five days’ credit pursuant to State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), because, after being sentenced to sixty days at the House of Correction as a condition of probation,