On Point

State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals For Evans: Robert R. Henak Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis.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 […]

Derek J. Harder v. Carol L. Pfitzinger, 2004 WI 102 Issue/Holding: ¶15. If there are no further documents in the circuit court’s file and all substantive issues have been decided for one or more parties in an order or a judgment, there is usually less confusion about whether the time for appeal has begun to […]

State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Time spent in detention during ch. 980 proceedings may not be credited toward service of the underlying criminal sentence. ¶¶29-38. Thorson was serving a sentence for a 980-qualifying […]

State v. John Allen, 2004 WI 106, affirming unpublished decision For Allen: Michael J. Backes Issue/Holding: ¶14 A hearing on a postconviction motion is required only when the movant states sufficient material facts that, if true, would entitle the defendant to relief. …¶15 It has been said repeatedly that a postconviction motion for relief requires more than […]

Village of Trempeleau v. Mike R. Mikrut, 2004 WI 79, affirming unpublished decision Issue/Holding: (Emphasis supplied) ¶15. Mikrut did not raise his challenge to the circuit court’s competency until long after the judgment against him had been upheld on appeal. The circuit court and the court of appeals therefore held that the argument was waived. […]

State v. Gary M.B., 2004 WI 33, affirming 2003 WI App 72, 261 Wis. 2d 811, 661 N.W.2d 435 For Gary M.B.: T. Christopher Kelly Issue: Whether defendant’s introduction of his/ her prior criminal record, after objection to its admissibility was overruled, waived the objection. Holding: ¶11. Under the doctrine of strategic waiver, also known […]

State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 WI 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶16. The term “custody” is not defined in Wis. Stat. § 973.155. To fill this void, Wisconsin courts have relied upon the definition set forth in Wis. […]

State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148, 266 Wis. 2d 168, 667 N.W.2d 800 For Carprue: Stephanie G. Rapkin Issue/Holding: ¶34 Subsection (3) of § 906.14 authorizes objections, and it “defers the requirement of a timely objection . . . to the next available opportunity when the jury is not […]

State v. Obea S. Hayes, 2004 WI 80, affirming 2003 WI App 99, 264 Wis. 2d 377, 663 N.W.2d 351 For Hayes: Philip J. Brehm Issue: Whether challenge to sufficiency of evidence must be raised during trial in order to preserve the right to raise the challenge on appeal. Holding: State v. Gomez, 179 Wis. […]

State v. Cesar G., 2004 WI 61, reversing unpublished opinion For Cesar G.: Eileen Hirsch, SPD, Madison Appellate Issue/Holding: ¶46. In contrast to the court of appeals, we view the circuit court’s statement that it was not convinced it had the statutory authority to stay the sex registration requirement as persuasive that it made its decision based […]