On Point

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) / State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal Issue: Whether Warren was entitled to appointment of counsel […]

State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively […]

State v. Prokopios G. Vassos, 218 Wis.2d 330, 579 N.W.2d 35 (1998), on certification For Vassos: Edmund C. Carns Holding: Successive prosecution for misdemeanor battery (§ 940.19(1)), following acquittal of felony battery (§ 940.19(3)) arising from same incident, wasn’t barred by double jeopardy. Successive prosecutions are barred under § 939.71 when the subsequent charge is the “same” offense under […]

State v. Matthew C. Janssen, 219 Wis.2d 362, 580 N.W.2d 260 (1998), affirming 213 Wis. 2d 471, 570 N.W.2d 746 (Ct. App. 1997) For Janssen: Eugene A. Bartman, Brian G. Figy, SPD, Appleton Trial Issue: Whether the flag desecration statute is constitutional. Holding: The flag desecration statute, sec. 946.05, violates first amendment overbreadth principles, and can’t be […]

Malvern Sullivan v. Waukesha County, 218 Wis.2d 458, 578 N.W.2d 596 (1998), on certification For Sullivan: William A. Denny Holding: A DOT training pamphlet, explaining physical and mental impairment as the level of alcohol concentration increases, is held admissible under the sec. 908.03(8) (public records and reports) exception to the hearsay rule. The court stresses […]

State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997) For Eugenio: Eduardo M. Borda Issue: Whether the defense engaged in attacks on the complainant’s character for truthfulness so as to open the door to opinion testimony that she was truthful. Holding: § 906.08 supports […]

State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997) For Eugenio: Eduardo M. Borda Issue: Whether the state was properly allowed to admit into evidence, under the rule of completeness, certain oral “challenged statements in their entirety, to show […]

State v. Richard Dodson, 219 Wis.2d 65, 580 N.W.2d 181 (1998), unpublished decision below For Dodson: Michael J. Backes Issue: Whether an offer of proof must be in question-and-answer form. Holding: ¶15 The court in Milenkovich did not say, and we do not say now, that every offer of proof should be accompanied by a […]

State v. Ronald A. Hansford, 219 Wis.2d 226, 580 N.W.2d 171 (1998), on certification For Hansford: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether a bail jumping conviction may be sustained where based solely on commission of a new crime while out on bond, and the new crime is reversed on appeal Holding: In such a situation, the […]

In re Paternity of Roberta Jo W.: Roberta Jo W. v. Leroy W., 218 Wis.2d 225, 578 N.W.2d 185 (1998), on certification. Holding: The second issue is whether the circuit court erred in terminating court-appointed counsel upon the filing of a notice of appeal. We hold that after a notice of appeal was filed, the […]