On Point

State v. Tory L. Rachel, 224 Wis.2d 571, 591 N.W.2d 920 (Ct. App. 1999). For Rachel: Donald T. Lang, SPD, Madison Appellate. Holding: Tory L. Rachel appeals a nonfinal order of the trial court ruling that the findings and conclusions of a court-appointed expert are subject to discovery in a ch. 980, STATS., proceeding. Because […]

State v. Fredrick J. Brissette, 230 Wis.2d 82, 601 N.W.2d 678 (Ct. App. 1999) For Brissette: John D, Lubarsky, SPD, Madison Appellate Issue: Whether failure to hold a probable cause hearing within 72 hours of the filing of a Ch. 980 petition causes the court to lose competency to proceed. Holding: The 72-hour requirement for […]

State v. Yolanda M. Spears, 227 Wis.2d 495, 596 N.W.2d 375 (1999), affirming State v. Spears, 220 Wis.2d 720, 585 N.W.2d 161 (Ct. App. 1998) For Spears: Richard D. Martin. SPD, Milwaukee Appellate Issue/Holding: Spears killed the “victim” (Young) after he assaulted her and took her purse. She entered an Alford plea to a homicide charge. At sentencing, […]

State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Holding: Defendant’s adultery, failure to pay child support, and status as a bankrupt “were all appropriate factors relating to Yakes’ character and personal history.”

State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Gardner’s 30-year sentence is upheld as a proper exercise of discretion.

State v. Harry S. Bernstein, 231 Wis.2d 392, 605 N.W.2d 555 (Ct. App. 1999) For Bernstein: Mary E. Waitrovich, SPD, Madison Appellate Issue: After the state requests then withdraws a request for jury in a Ch. 980 proceeding, must trial to the court be premised on the respondent’s personal consent to this withdrawal? Holding: Under […]

State v. Oto Orlik, 226 Wis.2d 527, 595 N.W.2d 468 (Ct. App. 1999) For Orlik: Steven P. Weiss, SPD, Madison Appellate Holding: Trial court lacks authority, under §§ 969.01 & 969.03, to impose no-contact order as condition of bail for someone who remains incarcerated. However, the separate procedure authorized in § 940.47 may be utilized […]

State v. Leo E. Wanta, 224 Wis.2d 679, 592 N.W.2d 645 (Ct. App. 1999) For Wanta: James M. Shellow HOLDING: Wanta argues that Wis. Stat. § 971.14(4)(b) is unconstitutional, because it requires proof of incompetence by clear and convincing evidence when the defendant claims that s/he is competent (vs. proof of competency by mere greater […]

State v. Michael W. Farrell, 226 Wis.2d 447, 595 N.W.2d 64 (Ct. App. 1999) For Farrell: Kevin M. Schram Holding: Finding of incompetency subsequent to plea proceeding is a factor to consider but in and of itself neither creates doubt as to prior competency nor requires retrospective competency hearing.

State v. Tommy Lo, 228 Wis. 2d 531, 599 N.W.2d 659 (Ct. App. 1999) For Lo: Margarita Van Nuland Issue/Holding: “When there is a conflict between the court’s oral pronouncement of sentence and a written judgment of conviction, the oral pronouncement controls.”