On Point

Village of Trempeleau v. Mike R. Mikrut, 2004 WI 79, affirming unpublished decision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. ……

¶18. Wisconsin case law is inconsistent on the question of whether a challenge to the circuit court’s competency is subject to the common-law rule of waiver.

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 as invited error,

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 Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 WI 133, affirming unpublished decision of court of appeals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 present.” Id. R202. This subsection appears to focus more on situations where the judge questions witnesses in front of a jury than where a judge questions a witness in a bench trial or outside the presence of a jury.¶35 Given the explicit authority to object to a judge’s action,

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. 2d 400, 507 N.W.2d 378 (Ct.

State v. Cesar G., 2004 WI 61, reversing unpublished opinion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 on an incorrect view of the law.

WCCD v. DNR, 2004 WI 40, affirming 2003 WI App 76, 263 Wis. 2d 370, 661 N.W.2d 858

Issue/Holding:

¶5. The central issue in this case is the validity of § NR 10.01(1)(h).5 A court may declare an administrative rule invalid “if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was promulgated without compliance with statutory rule-making procedures.”

State ex rel. Peter D. Griffin v. Smith / State ex rel. Micah E. Glenn v. Litscher, 2004 WI 36, on certification
For Griffin and Glenn: Nathaniel Cade, Jr., State Bar Pro Bono Project

Issue/Holding: A new rule of equitable tolling for untimely certiorari petitions seeking review of revocation decisions is subject to the retroactivity analysis adopted by State ex. rel.

State v. Thomas A. Greve, 2004 WI 69, on certification
For Greve: Jeffrey J. De La Rosa

Issue: Whether State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989), construing Wis. Stat. § 972.15 as limiting the use of a court-ordered presentence investigation report (PSI) to postconviction settings, also applies to a defendant’s sentencing memorandum.

Holding:

¶17.

State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265
For Gallion: Randall E. Paulson, SPD, Milwaukee App
Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School

Issue/Holding:

¶31. Likewise, we agree with the Criminal Penalties Study Committee that the judiciary must address the increased responsibility placed upon the sentencing court in light of truth-in-sentencing.