On Point

State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶86. We have ruled that “Wisconsin courts permit a more liberal admission of other crimes evidence in sexual assault cases than in other cases.” Davidson, 236 Wis. 2d 537, ¶44; State v. Hammer, 2000 WI 92, ¶23, 236 Wis. 2d […]

State v. Matthew J. Knapp, 2003 WI 121, on certification For Knapp: Robert G. LeBell Issue/Holding: ¶184. We find no clear error in the circuit court’s determination that the third-party hearsay evidence in item 21(a) of Knapp’s offer of proof comes within the recent perception exception under Wis. Stat. § 908.045(2),29 to the hearsay rule. Farrell’s inability to […]

State v. Patricia A. Weed, 2003 WI 85, affirming unpublished opinion of court of appeals For Weed: T. Christopher Kelly Issue/Holding: ¶16. Weed argues that the circuit court erroneously exercised its discretion in admitting Michael’s statement regarding unloading the .357 because the statement did not meet the statutory requirements for admissibility under Wis. Stat. § 908.045(2). Weed principally […]

State v. Sherrie S. Tucker, 2003 WI 12, on certification For Tucker: Paul LaZotte, SPD, Madison Appellate Issue/Holding: ¶32. At the postconviction hearing, the circuit court upheld its prior ruling that McCray’s statements were not admissible as either statements against penal interest or under the residual exception to the hearsay rule. The circuit court noted […]

State v. Jeffrey B. Haines, 2003 WI 39, 2002 WI App 139 For Haines: Mark A. Huesmann, Sonja Davig Huesmann Issue/Holding: An extension of the limitation period for prosecuting a crime, before the prior limitation period has expired, doesn’t violate the ex post facto clause of the Wisconsin Constitution. ¶15. In sum, the court of appeals succinctly and […]

State v. Patty E. Jorgensen, 2003 WI 105, affirming unpublished opinion of court of appeals For Jorgensen: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding1: Sentencing guidelines for specified offenses (namely: §§ 346.63 (1) (b) or 346.63(5) [PAC offenses]) are within the authority granted by § 346.65(2m)(a). ¶¶16-18. However, the guidelines do not apply to an offense under § 346.63(1)(a) (OWI), therefore “it is inappropriate for a […]

State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue/Holding: “¶31. In interpreting a constitutional provision, we first turn to the plain meaning of the amendment in context.” The court next examines the legislative history of the amendment, including drafting records of the legislative reference bureau and legislative […]

State ex rel Unnamed Persons v. State, 2003 WI 30 For Unnamed Persons: Franklyn M. Gimbel, et al. Issue/Holding: ¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently […]

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: Where “the entire exchange consisted of Fischer asking Vento about the evidence against him, and Vento merely responding to Fischer’s questions, after which Fischer would implicate himself … Vento’s words and conduct in merely responding to Fischer’s questions regarding […]

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: ¶19. Applying Davis and Jennings here, we conclude that Fischer’s statement to detectives that if the officers read him his rights he would not answer any questions and would request an attorney is sufficiently ambiguous or equivocal such that a reasonable officer […]