On Point: B. Published opinions

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,

State v. Carl Simonetto, 2000 WI App 17, 232 Wis.2d 315, 606 N.W.2d 275
For Simonetto: Christopher L. Hartley

Issue: Whether the trial court erred in holding open restitution until certain victims could be identified.

Holding: “Section 973.20(13)(c), Stats., creates a ninety-day maximum hold-open period for entry of restitution after a sentence is imposed.” ¶10. (Note: The holding is probably more limited than the quote implies.

State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20

Issue: Whether contributory negligence is a defense to restitution.

Holding: ¶¶16, 17:

Restitution is not a claim that is owned by an individual but a remedy of the State…. To allow a defendant who has already been convicted of a crime to focus on the action of a victim to avoid restitution defeats this purpose because it permits him to evade responsibility for his own actions….

State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918
For Santana-Lopez: Rex Anderegg

Issue/Holding: “We do not consider an argument mentioned only in a footnote to be adequately raised or preserved for appellate review,” ¶6 n.4.

Interesting that the holding itself happens to be contained in a footnote.

State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147
For Canady: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him.

Holding: Because the damage was a natural consequence of the defendant’s resisting, the defendant was a substantial factor in causing that damage and can be required to make restitution for it.