On Point: Published 2000

State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate

Issue/Holding:

¶19      Wisconsin Stat. § 940.10(1) provides that a person who “causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class G felony.” The term “negligent” as used in § 940.10 requires proof of “criminal negligence.” See Wis.

State v. Tito J. Long, 2002 WI App 114, PFR filed 5/23/02
For Long: Ann T. Bowe

Issue/Holding: Officer’s background, including “gang training” and investigations into numerous gang-related shootings, made him qualified to testify as to gang activities in city. ¶26.

State ex rel. James A. Mentek, Jr., v. Schwarz, 2000 WI App 96, 235 Wis. 2d 143, 612 N.W.2d 746, reversed on other grounds, State ex rel. James A. Mentek, Jr. v. Schwarz, 2001 WI 32

Issue: Whether appointed counsel’s failure to exhaust administrative appeals, which resulted in waiver of the right of judicial review of a revocation, can be challenged as ineffective assistance of counsel.

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

Issue: Whether passenger Foust, injured in the crash of a car whose driver (Knoll) was drunk, was party to the crime of drunk driving and therefore not a “victim” for purposes of restitution.

Holding:

¶11           Because Knoll has not established either that Foust undertook conduct to aid Knoll in operating a motor vehicle while intoxicated or that Foust intended his conduct to help Knoll drive while impaired,

State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811
For Thayer: Jane K. Smith

Issue: Whether the patient was entitled to a full evidentiary hearing on release following the reexamination probable cause “paper review.”

Holding:

¶26 A full evidentiary hearing was unwarranted. The only evidence before the trial court indicated that the grounds for Thayer’s original WIS.

State v. Murle E. Perkins, 2000 WI App 137, 237 Wis. 2d 313, 614 N.W.2d 25, reversed on other grounds, State v. Perkins, 2001 WI 46, ¶2 n. 2
For Perkins: William E. Schmaal, SPD, Madison Appellate

Issue: Whether a conditional threat to shoot a judge, made by a drunk and very depressed individual just before being taken into Ch. 51 emergency detention,

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

Issue/Holding: In setting parole eligibility date trial court need not separately refer to primary factors used in imposing sentence. ¶¶52-53.

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: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence.

Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person making the offer — so long as the person making the offer believes that the test or analysis is possible,

State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 NW2d 552, affirmed by equally divided vote, 2001 WI 56, 243 Wis. 2d 476, 627 N.W.2d 484
For Bond: William Coleman; Janet Barnes; Ellen Henak, SPD, Milwaukee Appellate

Issue: Whether, following arrest but before administration of Miranda rights, an officer’s response to the suspect’s asking why he’d been arrested was the functional equivalent of interrogation and therefore in violation of Miranda.

State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672
For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate

Issue: Whether the trial court should have granted the defense motion to remove a prospective juror who acknowledged believing that police officers would be more credible than other witnesses.

Holding: Juror bias is reviewed with deference to the trial court’s resolution. Because police credibility was never at issue,