On Point

(See also Appeals, Waiver; and Evidence, Objection) State v. Charles J. Benoit, 229 Wis.2d 630, 600 N.W.2d 193 (Ct. App. 1999). For Benoit: Meredith J. Ross, LAIP. Holding: “(A) defendant who makes a motion in limine preserves the right to appeal the issue raised by the motion without renewing the motion at trial,” but only […]

State ex rel. Michael J. Hager v. Marten, 226 Wis.2d 687, 594 N.W.2d 791 (1999), affirming unpublished decision For Hager, Gerhardt F. Getzin, SPD, Wausau Issue: Whether the § 971.14(2) time limit, requiring completion of competency exam w/in 15 days “of the arrival of the defendant at the inpatient facility,” was violated. Holding: Resolution turns […]

State v. John P. Krueger, 224 Wis.2d 59, 588 N.W.2d 921 (1999), affirming unpublished decision For Krueger: Gary S. Cirilli Holding: The court reaffirms the holding of State v. Braunsdorf, 98 Wis.2d 569, 297 N.W.2d 808 (1980) that prior to attachment of jeopardy trial courts don’t possess the authority to dismiss a charge with prejudice except for […]

City of Fond du Lac v. Scott R. Kaehne, 229 Wis.2d 323, 599 N.W.2d 870 (Ct. App. 1999). Holding: In civil action (here, OWI 1st), appearance of defendant may be made by letter, rather than in person, therefore time limit for demanding jury trial began running when defendant sent letter to court stating intent to […]

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999). For Edmunds: Dean A. Strang. Holding: Edmunds is held to have waived her right to be present when the parties and the court discussed dismissal of a juror for cause. The dismissal is upheld, where the juror conveyed opinions about […]

State v. Frank Curiel, 227 Wis.2d 389, 597 N.W.2d 697 (1999), affirming unpublished decision For Curiel: Jack. C. Hoag, Sedor & Hoag Holding: “¶6. …. We hold that appellate court review of challenges to the sufficiency of the evidence in ch. 980 proceedings should be that standard applied in criminal cases.” Curiel argues that the […]

State v. David C. Liebnitz, 231 Wis.2d 272, 603 N.W.2d 208 (1999), on certification For Liebnitz: Rex R. Anderegg. Issue: Whether the defendant sufficiently admitted to an alleged repeater allegation so as to justify enhanced sentencing where, although he never disputed the allegation and in fact received the bargained-for sentence, he never distinctly admitted the […]

Leonard L. Jones v. State, 226 Wis.2d 565, 594 N.W.2d 738 (1999), affirming unpublished decision For Jones: Colleen D. Ball, Reinhart, Boerner, Van Dueren, Norris & Riesselbach. Issue/Holding: Procedure for obtaining return of property seized under Uniform Controlled Substances Act is outlined in two seemingly overlapping statutes, §§ 961.55 & 968.20. The former, part of UCSA, mandates that […]

State ex rel. Jose DeJesus Fuentes v. Court of Appeals, 225 Wis.2d 446, 593 N.W.2d 48 (1999), original action For Fuentes: Robert T. Ruth. The supreme court rectifies loss of the petition for review deadline caused by the court of appeal’s clerical error (failure to mail a copy of decision to appellate counsel). The remedy, […]

State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997) For O’Brien: Martin E. Kohler, John C. Thomure, Jr. Issue/Holding: O’Brien sought to obtain certain exhibits for postconviction testing. Though the court of appeals enunciated certain guidelines for […]