On Point

State v. Scott M. Hambly, 2008 WI 10, affirming 2006 WI App 256
For Hambly: Martha K. Askins, SPD, Madison Appellate

Issue: Whether a suspect’s in-custody invocation of right to counsel before administration of Miranda warnings triggers the Edwards bar on interrogation absent the suspect’s reinitiating communication with the police.

Holding:

¶23      The State argues that in the present case when the defendant asked for an attorney he was not subject to custodial interrogation.

State v. Jordan A. Denk, 2008 WI 130, on certification
For Denk: Lora B. Cerone, SPD, Madison Appellate

Issue/Holding:

¶29      When we accept certification from the court of appeals, we acquire jurisdiction of the entire appeal. We thus consider all issues raised before the court of appeals. See Wis. Stat. §§ 808.05(2) and (Rule) 809.61; State v.

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision
For Jorgensen: Martha K. Askins, SPD, Madison Appellate

Issue/Holding:

¶21      Wisconsin Stat. § 901.03(4) (2003-04) recognizes the plain error doctrine. [3] The plain error doctrine allows appellate courts to review errors that were otherwise waived by a party’s failure to object.  State v. Mayo, 2007 WI 78,

State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142
For Walker: Amelia L. Bizzaro

Issue: Whether the judge is required, at a TIS reconfinement hearing, to have read the original sentencing transcript.

Holding:

¶3        We agree with the State and conclude that State v. Gee [3] misinterpreted our decision in Brown.

State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142
For Walker: Amelia L. Bizzaro

Issue/Holding:

¶14      As a preliminary matter, while the issue before the court is moot because Walker has completed his reconfinement term and thus our decision will not affect the underlying controversy, we may at times consider a moot issue if it is of “great public importance or arises frequently enough to warrant a definitive decision to guide the circuit courts.”

State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208
For Doss: Robert R. Henak

Issue: Whether the authenticating affidavit of a bank record was “testimonial” within the Confrontation Clause.

Holding:

¶45      The parties do not dispute that the circuit court correctly described Crawford and Manuel as identifying business records as nontestimonial,

Waukesha County v. Eric D. Smith, 2008 WI 23, affirming unpublished decision
For Smith: Kirk B. Obear

Issue/Holding: By reading the required statutory information verbatim, the officer fully complied with § 343.305(4); he did not err by failing to inform the driver that he might incur penalties different from those in Wisconsin relative to the state that issued his license nor by telling the driver that if he refused to take the chemical test he would get a hearing within 10 days.

State v. Leonard J. Quintana, 2008 WI 33, affirming 2007 WI App 29
For Quintana: James B. Connell, Robyn J. DeVos, William R. Kerner

Issue/Holding:

¶81      We conclude that the school zone penalty enhancer is not unconstitutional as applied to Quintana. The legislature has sought to increase the penalty for those who commit violent crimes within 1,000 feet of “school premises.”

State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116
For LaCount: T. Christopher Kelly

Issue:  Whether, on a § 939.62(2) “prior-conviction” penalty enhancer, the defendant is entitled to jury resolution that the conviction was in fact within 5 years of commission of the present offense.

Holding: 

¶52 … (W)hen Shepard and Apprendi are read together,

State v. Brian Harold Duchow,  2008 WI 57, reversing unpublished decision
For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate

Issue: Whether tape-recorded statements were “oral communication” as defined in Wis. Stat. § 968.27(12).

Holding:

¶16 The legislative history of Title III indicates that Congress intended the definition of “oral communication” in Title III, which reads nearly identically to the definition contained in the Electronic Surveillance Control Law,