On Point: 45. WI Supreme Court

State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148
For Carprue: Stephanie G. Rapkin

Issue/Holding:

¶58. Carprue contends that he was denied his due process right to a fair trial because Judge Schellinger was not impartial. His evidence consists of the judge’s actions in calling and questioning Morrow and in questioning Carprue.¶59. “A fair trial in a fair tribunal is a basic requirement of due process.”

State v. Joshua O. Kyles, 2004 WI 15, affirming court of appeals’ unpublished decision
For Kyles: Eileen A. Hirsch, SPD, Madison Appellate

Issue: Whether a per se rule should be adopted allowing a frisk whenever individuals fail to comply with police directives to keep their hands out of their pockets.

Holding:

¶48. We do not adopt, as the State urges,

State v. Donavan W. Malone, 2004 WI 108, on certification
For Malone: John A. Cabranes

Issue: Whether, during a routine traffic stop, the officer may request passengers to get out of the vehicle and question them on matters reasonably related to the nature of the stop.

Holding: Because lawfulness of the stop of the car in which Malone was riding was undisputed, the applicable framework of analysis is found in State v.

State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, affirming unpublished decision of court of appeals
For Thorson: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding: Someone being held in connection with ch. 980 proceedings is not subject to the escape statute, § 946.42, for absconding from that custody: “¶28 … (T)here is no incorporation of Chapter 980 into Wis. Stat. § 946.42.

State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals
For Evans: Robert R. Henak

Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of ineffective assistance of counsel;

State v. Corey J. Hampton, 2004 WI 107, affirming 2002 WI App 293, 259 Wis. 2d. 455, 655 N.W.2d 131
For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate

Issue: Whether, in moving to withdraw guilty plea on the basis of failure to inform the defendant that the trial court wasn’t bound by the plea agreement, the defendant need only assert lack of such understanding;

State v. Steven G. Walters, 2004 WI 18, reversing 2003 WI App 24
For Walters: David A. Danz

Issue/Holding:

¶16. … The term “Richard A.P. evidence” comes from a decision of the court of appeals in which a defendant accused of molesting a child sought to introduce character evidence through the testimony of a psychologist. State v.

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals
For Franklin: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding:

¶11. Wisconsin Stat. § 904.04(2) evidence may be offered in a criminal trial or a civil suit. State v. Sullivan, 216 Wis. 2d 768, 783, 576 N.W.2d 30 (1998) and Daniel B. Blinka, Evidence of Character,

State v. Olayinka Kazeem Lagundoye, 2004 WI 4, affirming 2003 WI App 63, 260 Wis. 2d 805, 659 N.W.2d 501
For Lagundoye: Geoffrey Y. Muwonge

Issue/Holding:

¶26. Likewise, it is clear that under Wisconsin’s formulation of the Teague doctrine, the rule we announced in Douangmala was “new.” “‘[A] case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final.’” 

State v. Olayinka Kazeem Lagundoye, 2004 WI 4, affirming 2003 WI App 63
For Lagundoye: Geoffrey Y. Muwonge

Issue/Holding: Holding of State v. Sisakhone S. Douangmala , 2002 WI 62 (non-citizen’s guilty plea invalid if colloquy omits deportation consequences, regardless of whether defendant in fact knows those consequences) does not apply retroactively to defendants who have already exhausted their direct appeals.