On Point: B. Published opinions

State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3
For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42.

All the rest is commentary. (Translated: the court undertakes a lengthy analysis that won’t be summarized.) Of particular note,

State v. Miguel E. Marinez, Jr., 2008 WI App 105, (AG’s) PFR filed 7/15/08; prior history: certification, denied 4/3/08
For Marinez: Eileen A. Hirsch, SPD, Madison Appellate

Issue/Holding:

¶1        At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement and offering the opportunity of plea withdrawal.

State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07
For Normington: Stephen J. Eisenberg

Issue: Whether images downloaded from the defendant’s computer, depicting objects inserted into women’s vaginas and into men’s and women’s anuses, were admissible on a charge of sexual assault of a mentally deficient victim involving an object inserted in his anus.

Holding:

¶19      We conclude the circuit court correctly decided that the greater latitude rule was available in cases where the other acts evidence is pornography,

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08
For Payette: Robert R. Henak; Amelia L. Bizzaro

Issue/Holding:

¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been accepted, but rather whether there was an [erroneous exercise] of discretion in the trial court’s denial of the motion to withdraw.” Id.

State v. Eric T. Olson, 2008 WI App 171
For Olson: Byron C. Lichstein

Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line:

¶11      Accordingly, we read the statute to require that, before the State may obtain a conviction under WIS. STAT.

State v. Craig A. Swope, 2008 WI App 175
For Swope: Dianne M. Erickson

Issue: Whether “death scene” analysis from an FBI agent was admissible to establish cause of simultaneous death of two elderly individuals found dead in their home.

Holding:

¶25      The general field of crime scene analysis has been recognized as being a body of specialized knowledge. United State v.

State v. Bryan James Krueger, 2008 WI App 162
For Krueger: Bradley J. Lochowicz

Issue/Holding:

¶15      Here, Mason was asked whether she had formed an opinion as to whether or not S.B. “was the product of any suggestibility or any coaching.” … Signs of coaching or suggestion could fall into the realm of knowledge that is outside that of a lay-person jury. [10]

¶16      However,

State v. Elizabeth A. White, 2008 WI App 96
For White: T Christopher Kelly

Issue/Holding: Jurisdiction attaches to state’s appeal from denial of reconsideration of an oral ruling dismissing a count, ¶7 n. 5:

The State appeals from the written order denying the motion for reconsideration. White, citing Ver Hagen v. Gibbons, 55 Wis. 2d 21, 25,

State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002)
For Edmunds: Keith A. Findley, UW Law School

Issue/Holding: Presentation of expert testimony to establish, under a theory of newly discovered evidence,

State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002)
For Edmunds: Keith A. Findley, UW Law School

Issue/Holding: Edmunds was convicted over a decade ago of causing the death of a baby in her charge;