On Point

State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue: Whether a guilty plea colloquy must include an explicit warning that the defendant’s agreement to read in a dismissed charge will be deemed an admission of that charge for sentencing purposes. Holding: ¶5   Although the case law on […]

State v. Douglas J. Plude,  2008 WI 58 reversing unpublished decision For Plude: Stephen D. Willett Issue/Holding: ¶36 We conclude that in a trial rife with conflicting and inconclusive medical expert testimony about a case the circuit court observed was based on “circumstantial evidence,” there exists a reasonable probability that, had the jury discovered that Shaibani lied about […]

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue: The present convictions stemmed from Jorgensen showing up for an otherwise unrelated hearing intoxicated; without objection, the prosecutor obtained admission of that hearing’s transcript, which the trial court read to the jury: is Jorgensen entitled […]

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶39      Jorgensen’s right to confrontation was also violated during the prosecutor’s closing argument. The prosecutor took what the jury had improperly heard during the trial a step further. She “testified” that Jorgensen was a “chronic […]

State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue/Holding: The sentencing court may consider uncharged and unproven offenses, ¶36; id n. 20: State v. Leitner, 2002 WI 77, ¶45, 253 Wis.  2d 449, 646 N.W.2d 341. See also State v. McQuay , 154 Wis. 2d 116, 126, 452 N.W.2d 377 (1990) (“Evidence of unproven offenses involving the defendant […]

Wright v. Joseph L. Van Patten,552 US 120 (2008) Prior history: Joseph Van Patten v. Deppisch, 434 F.3d 1038 (7th Cir. 2006), reinstated, 489 F. 3d 827, 2007, on remand from the Supreme Court for further consideration in light of Carey v. Musladin, 549 U. S. ___ (2006); on habeas review of, unpublished opinion of […]

State v. Pablo Ruiz-Velez, 2008 WI App 169 For Ruiz-Velez: Melnda A. Swartz, SPD, Milwaukee Appellate Issue: Whether audiovisual recordings of statements made by alleged victims and admitted into evidence under § 908.08(1) must be transcribed by the official court reporter. Holding: ¶4        Wisconsin Stat. Rule 885.42(4) provides: “At trial, videotape depositions and other testimony presented […]

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification TPR – Elements, Ground of Continuing Need of Protection and Services, Generally Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to […]

Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: A deported father’s participation in the TPR proceeding by a webcam system was “meaningful,” given that he could see and hear witnesses, be seen by the court, and communicate privately with counsel and with aid of an interpreter, ¶¶10-19. State v. […]

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification Issue/Holding: Stipulation to a TPR elements did not constitute withdrawal of the demand for a jury trial, where the element was submitted to, and found by, the jury under the instructions and special verdict form, ¶¶18-24. The court approvingly analogizes to State v. Charles […]