On Point

State v. Richard Allen Hassel, 2005 WI App 80 For Hassel: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Hassel’s noncustodial statement, “I can’t talk to you,” did not amount to a Miranda-protected assertion of rights, largely because such rights can’t be invoked “anticipatorily,” ¶¶8-15. (State v. Fencl, 109 Wis. 2d 224, 325 N.W.2d 703 (1982) distinguished as a rule of evidence safeguarding […]

State v. Charles W. Mark, 2005 WI App 62, affirmed, 2006 WI 78 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶14 … (I)f probationers are required to choose between answers that will incriminate them in pending or subsequent criminal prosecutions and loss of their conditional liberty as a price for exercising their right to remain […]

State v. Christopher Anson, 2005 WI 96, affirming, 2004 WI App 155 For Anson: Stephen J. Watson Issue/Holding: Given a statement taken in violation of the Anson’s 6th amendment right to counsel, in which Anson admitted to facts underlying one of the charges and was prominently mentioned in the opening statements and “evidentiary phase of the trial,” and […]

Arents v. ANR Pipeline Co., 2005 WI App 61 Issue/Holding: ¶5 n. 2: Wisconsin Stat. Rule 809.19(1)(d) and (e) (2001-02) requires the parties to provide in their briefs separate sections for their “statement of facts relevant to the issues presented for review” and argument. In their appeal, the Landowners have, inappropriately, interspersed legal argument and […]

State v. Christine M. Quackenbush /  State v. Michael D. Lee, 2005 WI App 2 For Quackenbush: Tyler J. Tripp For Lee: Thomas F. Locante, SPD, La Crosse Trial For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue1: Whether, in light of State v. Iran D. Evans, 2004 WI 84, the court of appeals retains any […]

State v. Keith E. Williams, 2005 WI App 122 For Williams: Christopher William Rose Issue/Holding: The court of appeals has authority to extend the defendant’s deadline for filing cross-appeal to State’s appeal of postconviction grant of new trial: ¶4        However, as the State points out, the jurisdiction of the circuit court was initially invoked by […]

State v. Bobby R. Williams, 2005 WI App 221 For Williams: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether a postconviction motion granting plea-withdrawal is final, so as to trigger the 45-day deadline in § 974.05(1)(a) for State’s appeal. Holding:   ¶15 Wisconsin Stat. § 808.03 sets forth appeals as of right and appeals by […]

State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶1, n. 3: We grant Harp’s petition because the mistrial order implicates her right against double jeopardy. “Given the serious constitutional questions raised by claims of double jeopardy, review of such orders will often […]

State v. Lamont D., 2005 WI App 264 Issue/Holding: ¶1 n. 4: Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention.  WISCONSIN STAT. § 48.235(7) […]

State v. Tommie Thames, 2005 WI App 101 Pro se Issue/Holding: ¶12      We conclude that Thames’s arguments are procedurally barred. Thames has raised essentially the same issues he raised in his direct appeal and in his 1997 Wis. Stat. § 974.06 motion. The fact that Thames’s appeal of the trial court’s order denying his 1997 § 974.06 […]