On Point: B. Opinions

State v. Charles A. Dunlap, 2002 WI 19, reversing 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398; affirmed on habeas, Dunlap v. Hepp, 436 F. 3d 739 (7th Cir 2006)
For Dunlap: Jack E. Schairer, SPD, Madison Appellate

Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault,

State v. Anthony D.B., 2000 WI 94, ¶11, 237 Wis. 2d 1, 614 N.W.2d 435
For Anthony D.B.: Ellen Henak, SPD, Milwaukee Appellate

Issue: Whether a circuit court has authority, on a Ch. 980 commitment, to order involuntary medication.

Holding: “Because those individuals committed under ch. 980 are defined as ‘patients’ in Wis. Stat. § 51.61(1), we hold that the statutory provision in § 51.61(1)(g),

State v. Robert John Prihoda, 2000 WI 123, 239 Wis. 2d 244, 618 N.W.2d 857, affirming unpublished decision
For Prihoda: Timothy T. Kay

Issue1: “(W)hether the office of the clerk of circuit court may correct a clerical error in the sentence portion of a written judgment of conviction without prior court approval.” ¶3.

Holding1: ¶5:

(W)e conclude that the office of the clerk of circuit court does not have the authority to correct a clerical error in the sentence portion of a written judgment of conviction.

State v. Warrick D. Floyd, 2000 WI 14, 232 Wis. 2d 767, 606 N.W.2d 155, on certification
For Floyd: David D. Leeper

Issue: Whether a defendant is entitled to sentence credit under Wis. Stat. § 973.155(1) for time spent in custody on a charge that is dismissed and read-in at sentencing.

Holding: Pre-trial confinement on a charge dismissed and read in at sentencing is related to the sentenced offense and therefore qualifies for credit:

¶31  In limiting the statute’s scope,

State v. Gabriel Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. DeRango 229 Wis. 2d 1, 599 N.W.2d 27
For Derango: Robert G. LeBell

Issue: Whether conviction for both attempted child sexual exploitation and child enticement as a result of a single act is multiplicitous.

Holding: The two offenses are elementally distinct and therefore aren’t the “same”

State v. Hayes Johnson, 2000 WI 12, 232 Wis. 2d 679, 605 N.W.2d 846, reversing State v. Johnson, 223 Wis. 2d 85, 588 N.W.2d 330
For Johnson: Russell D. Bohach

Issue1: Whether a presumption of prosecutorial vindictiveness arises from an increase in the charge following grant of mistrial due to hung jury.

Holding: No presumption of prosecutorial vindictiveness applies to an increase in charges following mistrial due to hung jury.

State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, on certification; clarified on reconsideration, on a different point, 2001 WI 6
For Hahn: Steven G. Bauer

Issue: “(W)hether the persistent repeater penalty enhancer as applied to the defendant violates the Eighth Amendment to the U.S. Constitution prohibiting cruel and unusual punishment.” ¶5.

Holding: Imposing a life sentence without possibility of parole,

State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, clarified on reconsideration, 2001 WI 6, on certification
For Hahn: Steven G. Bauer

Issue: “(W)hether the U.S. Constitution requires that an offender be permitted during an enhanced sentence proceeding predicated on a prior conviction to challenge the prior conviction as unconstitutional because the conviction was allegedly based on a guilty plea that was not knowing,

State v. Jose C. McGill, 2000 WI 38, 234 Wis. 2d 560, 609 N.W.2d 795, affirming unpublished decision
For McGill: Steven P. Weiss, SPD, Madison Appellate

Issue1: Whether seizing an object from the suspect’s pocket exceeded the permissible scope of a Terry frisk

Holding: Because the object’s size, shape and feel were consistent with a pocket knife; and the suspect lied to the officer about the nature of the object ,and was nervous and kept reaching for his pocket knife despite being told not to,

State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26
For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate

Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger.

Holding: The showing wasn’t sufficient to abrogate announcement: though the warrant noted the occupants’