On Point

State v. Michael D. Lewis, 2004 WI App 211 For Lewis: Timothy A. Provis Issue/Holding: ¶10. The State does not dispute that it failed to bring Lewis’s case to trial within 120 days after the district attorney’s office received his request for prompt disposition of his case. … ¶11. The statute mandates that when the […]

State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04 For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek Issue/Holding: ¶27                        Here, it is true that the delinquency petition, though filed in court, was never in Aufderhaar’s hands before the waiver hearing took place.  However, at the time of the hearing, Aufderhaar is […]

State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: ¶26. While a polygraph test result is inadmissible in Wisconsin, see State v. Dean, 103 Wis. 2d 228, 279, 307 N.W.2d 628 (1981), an offer to take a polygraph test is relevant to an assessment of the offeror’s credibility and may […]

State v. Steven G. Walters, 2004 WI 18, reversing 2003 WI App 24 For Walters: David A. Danz Issue/Holding: ¶16. … The term “Richard A.P. evidence” comes from a decision of the court of appeals in which a defendant accused of molesting a child sought to introduce character evidence through the testimony of a psychologist. State v. Richard A.P., […]

State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: ¶34. Whether photographs are to be admitted is a matter within the trial court’s discretion. State v. Lindvig, 205 Wis. 2d 100, 108, 555 N.W.2d 197 (Ct. App. 1996). We will not disturb the court’s discretionary decision “unless it is wholly unreasonable […]

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶11. Wisconsin Stat. § 904.04(2) evidence may be offered in a criminal trial or a civil suit. State v. Sullivan, 216 Wis. 2d 768, 783, 576 N.W.2d 30 (1998) and Daniel B. Blinka, Evidence of Character, Habit and […]

State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: Prior acquittal of sexual assault didn’t prevent admissibility of testimony from that trial: the test is whether a reasonable jury could find by preponderance of the evidence that the defendant committed the misconduct, State v. Landrum, 191 Wis. 2d 107, 117, […]

State v. Peter R. Cash, 2004 WI App 63 For Cash: Lynn M. Bureta Issue: Whether a plea agreement, which provided that if Cash returned stolen goods prior to sentencing the State would request that the judgment be reopened and amended from burglary to Class E felony theft, was invalid and the guilty plea therefore […]

State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶25. In sum, the State has not presented us with a valid rationale for upholding the denial of Dawson’s plea withdrawal motion. Dawson has established that his plea was not knowing and voluntary because it was induced […]

State v. Anthony L. Dawson, 2004 WI App 173 For Dawson: William E. Schmaal, SPD, Madison Appellate Issue: Whether a plea bargain under which the State agrees to subsequently reopen the case and amend it to a lesser charge is legally unenforceable and, thus, renders the plea unknowing and involuntary. Holding: A reopen-and-amend provision in […]