On Point: B. Published opinions

State v. Earl Steele III, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595
For Steele: Timothy J. Gaskell

Issue: Whether felon in possession of firearm may be the underlying felony to burglary (entry with intent to commit felony), § 943.10(1)(a), when the defendant-felon was already in possession of the firearm before entry.

Holding: “(A) person commits a burglary when he or she unlawfully enters the premises with the intent to commit a felony while on the premises,

State v. Earl Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595
For Steele: Timothy J. Gaskell

Issue: Whether the colloquy on a guilty plea to burglary/intent-to-commit-felony must apprise the defendant of the specific felony.

Holding:

¶8                        The trial court chose to summarize WIS. STAT. § 943.10 during colloquy, in combination with questioning defense counsel.  Steele contends that this summary was inadequate,

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed
For Sprosty: Jack E. Schairer, SPD, Madison Appellate

Issue:: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background.

Holding:

¶33. We cannot conclude that the circuit court’s refusal to strike Thomalla’s testimony was improper.

State v. Anthony A. Parker, 2001 WI App 111

Issue: Whether transfer to an out-of-state prison is a collateral consequence of a guilty plea.

Holding:

¶8. In addition, we agree with the State that transfer to an out-of-state prison is a collateral consequence of Parker’s plea of no contest….

¶9. We have held that collateral consequences include deportation, restitution, subsequent filing of a sexually violent person petition,

State v. William Nielsen, 2001 WI App 192, PFR filed
For Nielsen: Waring R. Fincke

Issue/Holding:

¶31. The privilege against self-incrimination is guaranteed by art. I, § 8, of the Wisconsin Constitution and by the Fifth Amendment to the United States Constitution. State v. Adams, 221 Wis. 2d 1, 7, 584 N.W.2d 695 (Ct. App. 1998). The use of a defendant’s silence for impeachment purposes has been long decided.

State v. Kevin S. Meehan, 2001 WI App 119
For Meehan: Pamela Moorshead, Buting & Williams

Issue: Whether the prosecutor properly cross-examined an alibi witness as to what the defendant had told him about his prior offense.

Holding:

¶21. Further, even if the 1992 conviction could have been properly admitted, using this evidence on cross-examination was improper. Other acts evidence is admitted for a specific purpose.

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed
For Sprosty: Jack E. Schairer, SPD, Madison Appellate

Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding.

Holding: Because the witness had “expertise with respect to treating sex offenders … she was qualified to give her opinion on the ultimate issue.”

State v. Kevin S. Meehan, 2001 WI App 119
For Meehan: Pamela Moorshead, Buting & Williams

Issue: Whether the alleged victim’s entire testimony at prior proceedings was properly admitted into evidence, under prior consistent statement or rule of completeness rationales.

Holding:

¶25. The trial court admitted the entire prior testimony under two theories: (1) the testimony constituted prior consistent statements under Wis. Stat.

State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717
For Guzman: Robert E. Haney

Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness.

Holding:

¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was aware of this witness from the date of the incident.

State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted, Edward A. Murillo v. Frank, 402 F3d 786 (7th Cir. 2005)
For Murillo: Craig Albee

Issue: Whether a statement implicating defendant in a homicide and made by his brother and fellow gang member while in police custody satisfied the against-social-interest hearsay exception,