On Point

State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor, […]

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. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony. Holding: ¶32. A defendant has a right to postconviction discovery […]

Raz v. Brown, 2003 WI 29 Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a […]

State ex rel. Leslie Schatz v. McCaughtry, 2003 WI 80, reversing 2002 WI App 167, 256 Wis. 2d 770, 650 N.W.2d 67 For Schatz: T. Christopher Kelly Issue/Holding: Where the court of appeals granted relief on one issue without reaching others raised by the appellant and the supreme court reverses that grant of relief, the […]

 State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed […]

State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶20. When the trial court has the authority to order restitution for a loss, the court’s decision to order restitution in a particular amount is committed to the trial court’s discretion. Holmgren, 229 Wis. 2d at […]

State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03 For Brown: Robert T. Ruth Issue/Holding: Where defendant was charged with theft and operating without consent relating to property and a vehicle that he had permission to take but failed to deliver to the agreed out-of-state destination, his proffer that he drove to […]

State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: ¶11. As Gary correctly notes, however, we are not bound by the Ohler decision because the Supreme Court’s holding did not rest on an interpretation of U.S. Constitutional or other “federal law” that we must apply in this case. Rather, […]

State v. Steven G. Walters, 2003 WI App 24, reversed on other grounds, 2004 WI 18 For Walters: Jenelle L. Glasbrenner, David A. Danz Issue/Holding: ¶25. We cannot ignore the arguments offered by the State at the trial court level at both the motion to exclude before Judge Race and the motion for reconsideration before Judge Carlson. […]