On Point: B. Published opinions

Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144
For Appellant: James L. Boardman; Chris R. Velnetske

Issue: Whether the court of appeals acquires jurisdiction over a CHIPS appeal commenced by notice of appeal without prior notice of intent to pursue relief.

Holding: ¶4:

In CHIPS cases, appeals are commenced by first filing of a notice of intent to pursue postconviction relief,

State v. Romero D. Wilson, 2000 WI App 114, 235 Wis.2d 177, 612 N.W.2d 368
For Wilson: Steven P. Weiss, SPD, Madison Appellate

Issue: Whether an order dismissing a complaint, on refusal to bind over at preliminary hearing, is final and therefore appealable by the state.
Holding: An order dismissing a complaint is a final order, appealable by the state as of right (reaffirming State v.

State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11
For Williams: Steven P. Weiss, SPD, Madison Appellate

Issue: Whether the trial court erroneously refused to accept an “Alford” plea under its express policy of never accepting one.

Holding:

¶8  Even if we were to determine that the trial court erred in rejecting the tendered Alford plea, the error would not justify setting aside the results of Williams’s jury trial.

State ex rel. Larry E. Olson v. Litscher, 2000 WI App 61, 233 Wis. 2d 685, 608 N.W.2d 425

For Olson: Dennis Egre, SPD, Kenosha

Issue: Whether this case is moot, where the challenge is to the authorities’ failure to parole a prisoner at his mandatory release date, but he was released during the pendency of the case.

Holding: Although Olson’s release rendered the case moot,

State v. Bernard G. Fearing, 2000 WI App 229, 239 Wis.2d 105, 619 N.W.2d 115
For Fearing: Patrick J. Stangl

Issue: Whether a defendant must first raise a challenge to a condition of probation in a trial-level postconviction motion before seeking relief in the appellate court.

Holding: Even if the rule that review of a sentence requires a trial-level motion applies to review of a condition of probation,

State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95
For Scaccio: Jim D. Scott

Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction.

Holding/Analysis: The principle is readily stated — you can take a direct appeal of a sentence imposed after revocation — but a certain amount of elaboration is unfortunately required.

State v. Thomas W. Jackson, 233 Wis.2d 231, 607 N.W.2d 338 (Ct. App. 2000)
For Jackson: Martha K. Askins, SPD, Madison Appellate

Issue: Whether a defendant is entitled to sentence credit on each consecutive sentence.

Holding: Credit is allotted only toward the first of consecutive sentences.

While on probation in Fond du Lac, Jackson was arrested on new charges in Dodge, where he was held on both the new charges and a probation hold.

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753
For Scott: Joseph E. Redding

Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents its case.

Holding: Although “the better practice is for trial courts to decide the motion at the close of the State’s case,”

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126
For Leighton: Daniel Snyder

Issue/Holding:

¶55 WISCONSIN STAT. § 973.20, governing restitution in criminal cases, “provides that a trial court ‘shall order the defendant to make full or partial restitution under this section to any victim of a crime,’ when imposing a sentence or probation for any crime.” State v.

State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220
For Evans: Steven D. Phillips, SPD, Madison Appellate

Issue: Whether the sentencing court may allow the department of corrections to determine the amount of restitution.

Holding: Delegating determination of restitution to DOC isn’t authorized by statute and is therefore inappropriate: “Restitution is a statutory process and where, as here, a court constructs its own procedure to determine and set restitution-and that procedure is not authorized by the applicable and controlling law,