On Point

State v. Judith L. Kiernan, 227 Wis.2d 736, 596 N.W.2d 760 (1999), affirming State v. Kiernan, 221 Wis.2d 126, 584 N.W.2d 203 (Ct. App. 1998) For Kiernan: Chad A. Lanning, Dennis M. Melowski, Barry S. Cohen, S.C. Issue: Whether prospective jurors who had been part of a jury that two days earlier returned a verdict of guilty […]

State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: One prospective juror heard, before trial, other prospective jurors describe Broomfield as a “gangster” who beat up kids and was involved in “drive-bys.” The juror was chosen for the petit jury; he […]

State v. Lucian Agnello II, 2004 WI App 2, (AG’s) PFR filed 1/8/04, on appeal after remand, 2003 WI 44; prior history: State v. Agnello I, 226 Wis.2d 164, 593 N.W.2d 427 (1999) For Agnello: Jerome F. Buting, Pamela Moorshead Issue/Holding: ¶10. Police coercion and a defendant’s personal characteristics are interdependent concepts: the more vulnerable a person is […]

State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999) For Franklin: Archie E. Simonson Holding: Statement taken in violation of right to counsel rule, Edwards v. Arizona, 451 U.S. 477 (1981) is not, for that reason alone, involuntary and is therefore admissible for impeachment purposes. The court doesn’t mention it, but […]

State v. Clyde B. Williams, 230 Wis.2d 50, 601 N.W.2d 838 (Ct. App. 1999) For Williams: Michael E. Nieskes Issue: Whether papers must be filed in the county of origin after a successor judge from another county is assigned to the case Holding: “In this appeal we conclude that when a judge from a different […]

City of Sheboygan v. Laura I. Flores, 229 Wis. 2d 242, 598 N.W.2d 307 (Ct. App. 1999) In a traffic regulation case, the docket entries – not any judgment or order – reflect the final determination and trigger the notice of appeal deadline.

Fedders v. American Family Mut. Ins. Co., 230 Wis.2d 577, 601 N.W.2d 861 (Ct. App. 1999) Issue: Whether a party may cross-appeal of right any interlocutory order after leave to appeal has been granted. Holding: “(W)e hold that once leave to appeal has been granted, any other interlocutory order is appealable only by leave of […]

State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999) For Olson: Steven P. Weiss, SPD, Madison Appellate Holding: Timothy L. Olson appeals from an order denying a postconviction motion for relief.  Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before […]

.State v. Bobby G. Grant, 230 Wis.2d 90, 601 N.W.2d 8 (Ct. App. 1999) For Grant: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether Grant’s waiver of jury trial was invalid because the trial court failed to advise that the verdict must be unanimous. Holding: The procedure applicable to challenging guilty pleas, State v. Bangert, 131 Wis. 2d […]

State v. Joseph Schultz, 224 Wis.2d 499, 591 N.W.2d 904 (Ct. App. 1999) For Schultz: Robert R. Raehsler Issue/Holding: A party in a civil case may seek relief from judgment under Wis. Stats., § 806.07. Where the basis for the motion is “mistake,” the primary question is whether the party’s conduct “was excusable under the […]