On Point

State v. Corey J. Hampton, 2004 WI 107, affirming 2002 WI App 293, 259 Wis. 2d. 455, 655 N.W.2d 131
For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate

Issue: Whether, in moving to withdraw guilty plea on the basis of failure to inform the defendant that the trial court wasn’t bound by the plea agreement, the defendant need only assert lack of such understanding;

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 case is not brought to trial within 120 days,

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 presumed to have had notice that such a petition existed because the notice of waiver hearing was sent to his correct Montana address before the waiver hearing and that notice was never returned as undeliverable. 

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 be admissible for that purpose. State v.

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.

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 or the only purpose of the photographs is to inflame and prejudice the jury.”

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals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,

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, 528 N.W.2d 36, 41 (Ct.

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 invalid as well, under the logic of State v. Hayes,

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 by the promise of a possible future benefit that could never be conferred.