On Point

State v. Denis L.R., 2004 WI App 51, affirmed as modified, 2005 WI 110 For Denis L.R.: Richard Hahn; Dwight D. Darrow Issue/Holding: ¶15. This court recently analyzed whether waiver of the attorney-client privilege must be intentional under Wis. Stat. § 905.11. Sampson Children’s Trust v. Sampson 1979 Trust, 2003 WI App 141, 265 Wis. 2d 803, 667 N.W.2d […]

State v. Charles Brown, 2004 WI App 179 For Brown: John J. Grau Issue: Whether a plea bargain that cannot be fulfilled results in an unknowing and involuntary plea, notwithstanding that the terms incapable of fulfillment are collateral consequences of the plea (sex offender registration and SVP eligibility). Holding: ¶6 … (S)ince Brown’s misunderstanding involved […]

State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148 For Carprue: Stephanie G. Rapkin Issue/Holding: ¶39 … (A)ppellate courts are sensitive to judicial intervention by a trial judge in the form of judicial witnesses and judicial questioning …. ¶40 … We have always recognized judicial authority to call and interrogate witnesses but simultaneously admonished […]

State v. Victor K. Johnson, 2004 WI 94, affirming unpublished decision of court of appeals Issue: Whether the State impermissibly cross-examined the defendant about the truthfulness of another witness. Holding: ¶2. We conclude that the purpose and effect of the prosecutor’s cross-examination of Johnson was to impeach Johnson’s credibility, not to bolster the credibility of […]

State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A child’s videotaped statement may be admitted under the residual exception, § 908.03(24), without satisfying all the requirements of § 908.08. ¶40. The trial court properly applied the trustworthiness test of State […]

Stephen Dye v. Frank, 355 F.3d 1102 (7th Cir 2004) For Dye: Christopher M. Bailey Issue/Holding: To determine whether a civil penalty is so punitive that it is should be characterized as criminal punishment, we must consider the factors listed by the Supreme Court in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), and reaffirmed in Hudson […]

State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866 For Burris: Joseph L. Sommers Issue: Whether, on revocation of supervised release of a sexually violent person, § 980.06(2)(d) (1997-98),  the circuit “court must, for any reason, expressly consider alternatives to revocation before revoking supervised release […]

State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶7 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. This court has held that it may decide an otherwise moot issue if it: (1) is of great public importance; […]

State v. Sylvester Sigarroa, 2004 WI App 16 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶28. We do not end our discussion here. Instead, we are compelled to admonish the increasing pattern of witness and/or attorney violation of in limine orders. On several occasions, we have spent judicial time and resources to make a […]

State v. Derryle S. McDowell, 2003 WI App 168, PFR granted, affirmed, 2004 WI 70 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶9 n.4: We remind counsel and the court of our concerns about off-the-record discussions. See Coston v. Joseph P., 222 […]