On Point: Published 2003

State v. Wyatt Daniel Henning, 2003 WI App 54, reversed on other grounds, 2004 WI 89
For Henning: Jack E. Schairer, SPD, Madison Appellate

Issue/Holding:

¶25. We appreciate that State v. Hauk, 2002 WI App 226, 257 Wis. 2d 579, 652 N.W.2d 393, review denied, 2002 WI 121, 257 Wis. 2d 122, 653 N.W.2d 893 (Wis.

State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81
For Burgess: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

¶33. Although persons committed under chapter 980 are similarly situated to those committed under chapter 51, there is a rational basis for the legislature’s distinction with respect to the confidentiality of proceedings under the two chapters.

State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03
For Ross: Andrew Mishlove

Issue/Holding:

¶15. In a challenge to a Batson ruling, we review the trial court’s determination as to whether the State had a discriminatory intent as a finding of historical fact, which we shall not disturb unless clearly erroneous. State v. Gregory,

State v. Jeremy T. Greer, 2003 WI App 112, on remand following equally-divided result,2003 WI 30; PFR filed 6/12/03
For Greer: Donna L. Hintze, SPD, Madison Appellate

Issue/Holding:

¶14. In this case it is not disputed that before he confessed to Detective Williams, Greer was told, both orally and in writing, that the polygraph test was over.

State v. Marvin J. Moss, 2003 WI App 239, PFR filed 10/27/03
For Moss: F.M. Van Hecke

Issue/Holding:

¶2. The issue in this case is whether a defendant’s incriminating statement improperly coerced by a person who is not a state agent offends constitutional due process such that the statement is inadmissible. We conclude that there is no due process violation where, as in this case,

State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03
For Cooper: John A. Birdsall
Issue/Holding:

¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows:

Unpublished opinions not cited. An unpublished opinion is of no precedential value and for this reason may not be cited in any court of this state as precedent or authority,

U.S. Bank National v. City of Milwaukee, 2003 WI App 220

Issue/Holding: fn. 4:

The brief submitted to us by the City of Milwaukee is overly tendentious and lacks the civility that lawyers owe to both their adversaries and to the courts. The following has no place in a brief before any court in this state: accusing an opposing party of seeking “political anarchy” … of “creating a `sideshow,’”

State ex rel. Dillard Earl Kelley, 2003 WI App 81

Issue/Holding: The prison mailbox rule of State ex rel. Nichols v. Litscher, 2001 WI 119 (petition for review filed after nominal deadline timely nonetheless if submitted before deadline to prison authorities for mailing by pro se prisoner) extended here to notice of appeal to dismissal of habeas corpus challenging custody; and, rule’s requirement that document be properly addressed satisfied if addressed to branch clerk of Milwaukee court:

¶11.

State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate

Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor, as a result, is there any entitlement to sentence credit while the jail confinement is stayed.

 State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03
For Edwards: Margaret A. Maroney, SPD, Madison Appellate
Issue/Holding:

¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed to raise this issue with sufficient prominence before the trial court.