On Point: B. Published opinions

State v. Brian C. Wegner, 2000 WI App 231, 239 Wis.2d 96, 619 N.W.2d 289
For Wegner: Scott A. Szabrowicz

Issue: Whether the sentencing court erroneously exercised discretion, in sentencing after revocation, by failing to consider primary sentencing factors.

Holding:

¶9 We conclude that when the same judge presides at the sentencing after revocation and the original sentencing, the judge does not have to restate the reasons supporting the original sentencing;

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238
For Oswald: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether the trial court improperly precluded Oswald from raising an NGI plea.

Holding:

¶ 49. The decision whether to grant a defendant’s motion to change his or her plea from “not guilty” to “not guilty by reason of mental disease or defect”

State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97
For Pletz: Michael J. Backes

Issue: Whether the state’s pretrial failure to disclose that its witness used the RRASOR screening instrument to evaluate Pletz violated his discovery rights.

Holding: Pletz waived any discovery objection by not promptly objecting, given that he was provided this information before the witness testified. ¶26. Moreover,

Edwin C. West v. Macht, 2000 WI App 134, 237 Wis. 2d 265, 614 N.W.2d 34

Issue: Whether living unit reassignment of a Ch. 980 subject was made in retaliation for his exercise of his constitutional right to petition on grievances.

Holding: A commitment subject has a protected interest against being punished for exercising first amendment rights, ¶15; however, those rights may be validly restricted if “reasonably related to legitimate therapeutic and institutional interests.”

State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530
For Koeppen: Richard L. Zaffiro

Issue/Holding: Level of community support” enjoyed by the defendant not a new factor justifying sentence reduction.

State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97
For Pletz: Michael J. Backes

Issue: Whether letters from DSM-IV committee members, regarding the impact of an assault on a diagnosis of pedophilia, were properly admitted.

Holding: A basis for an expert opinion, otherwise hearsay, is admissible if of “a type reasonably relied upon by experts in the particular field…. The letters relied on here,

State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163
For Pharm: Jack E. Schairer

Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment.

Holding: “(T)he legislature clearly intended to include, within the definition of ‘sexually violent offense,’ the conduct prohibited under a previous version of a statute enumerated in Wis.

State v. Dione Wendell Haywood, 2009 WI App 178
For Haywood: Robert E. Haney

Issue/Holding: Asserted prosecutorial misconduct, in the form of misleading statements during allocution, is tested under State v. Wolff, 171 Wis. 2d 161, 167, 491 N.W.2d 498, 501 (Ct. App. 1992) (whether “what the prosecutor does has ‘so infected the trial with unfairness as to make the resulting conviction a denial of due process’”),

State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02
For Parrish: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding: Although evidence of volitional impairment is required and in this bench trial the trial court erred in commenting to the contrary, ¶35, the court in fact found the existence of such evidence, ¶36.

State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163
For Pharm: Jack E. Schairer

Issue: Whether Pharm waived objection to the prosecutor’s authorization to file a Ch. 980 petition.

Holding: Pharm’s failure to object to the prosecutor’s filing the petition without going through the Department of Justice under §§ 990.015 and 980.02(1) waived the issue, ¶9.