On Point

State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70, ¶¶42-47
For McDowell: Christopher J. Cherella
Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL

Issue/Holding: The defendant’s right to testify does not include a right to testify falsely, Nix v. Whiteside, 475 U.S. 157 (1986):

¶37.

State v. Thomas A. Drexler, 2003 WI App 169, PFR filed 8/1/03
For Drexler: Ralph A. Kalal

Issue/Holding: In support of a collateral attack on a prior OWI conviction used to enhance a current OWI prosecution, Drexler submitted an affidavit asserting that the trial court had not advised him of his right to counsel: although this was enough to establish a prima facie case of denial of right to counsel,

State v. Paul R. Maxey, 2003 WI App 94
For Maxey: Douglas I. Henderson

Issue/Holding: A sentence may be enhanced by both the general repeater provision of § 939.62(1)(b) (1999-2000) and § the specific repeat drug offender provision of § 961.48(2) (1999-2000), given the rationale of State v. Richard W. Delaney, 2003 WI 9:

¶14. In summary, the law of Wis.

State v. Guy W. Colstad, 2003 WI App 25
For Colstad: T. Christopher Kelly

Issue/Holding: Expert testimony is not a prerequisite for admission of a PBT result at a suppression hearing. ¶29.

State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03
For Schaefer: Jefren E. Olsen, SPD, Madison Appellate

Issue: Whether the search warrant was supported by probable cause to believe that the defendant currently possessed child pornography.

Holding:

¶17. “[E]very probable cause determination must be made on a case-by-case basis, looking at the totality of the circumstances.” State v.

State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03
For Schaefer: Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding: The search warrant satisfied the particularity requirement by authorizing seizure of the following: “[p]hotographs, movies, slides, videotape, negatives, and/or undeveloped film which would tend to identify … any other juvenile”; and “[m]agazines, books, movies, and photographs depicting nudity and/or sexual activities of juveniles or adults,

State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30
For Chvala: Lawton & Cates

Issue/Holding:

¶1. The criminal complaint in this action charges Charles Chvala, a senator in the Wisconsin Legislature, with extortion, misconduct in public office, and violations of campaign finance statutes. The issue on appeal is whether, as Chvala contends, Wis. Stat. § 757.13 (2001-02) prohibits the trial court from scheduling the trial in this case before the last general business floor session ends on March 11,

State v. Juan M. Orta, 2003 WI App 93
For Orta: Glenn L. Cushing, SPD, Madison Appellate

Issue/Holding:

¶2 … (A)n individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and evinces no indication that the stall is being used for its intended purpose.

State v. James L. Larson, 2003 WI App 150
For Larson: Rex Anderegg

Issue/Holding: A police officer’s stepping into the threshold of an apartment, preventing the occupant from closing the door, amounted to an “entry,” thereby triggering the fourth amendment warrant requirement. ¶¶10-11, following State v. Johnson, 177 Wis. 2d 224, 227, 501 N.W.2d 876 (Ct. App. 1993); and noting that “(t)he police practice of putting a foot in the doorway appears to be a common and widespread practice,

State v. One 1997 Ford and David Beck, 2003 WI App 128, PFR filed 6/6/03
For Beck: Adam B. Stephens, Alex Flynn

Issue/Holding: Right to seek adjournment of a forfeiture action until after “adjudication” of the underlying criminal proceeding, § 973.076(2), terminates upon trial-level disposition:

¶18. While the term “adjudication” is not itself specifically defined in the statutes, its meaning can be ascertained from an examination of the definitions of other related terms.