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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Restitution – “Victim” — “Stepparent,” Wages, Lost Accompanying Victim to Court
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Wages lost by a stepparent’s accompanying the victim to court aren’t subject to restitution; lost wages are limited to those persons identified in § 973.20(5)(b). ¶¶22-23. Issue/Holding: A stepparent is not victim for § 973.20(1r) restitution purposes, ¶¶17-19. (However, a stepparent may qualify as an […]
Restitution — Law Enforcement Collateral Expenses
State v. James N. Storlie, 2002 WI App 163 For Storlie: William E. Schmaal, SPD, Madison Appellate Issue: Whether the destruction of “stop sticks” caused by defendant’s flight from the police is properly subject to a restitution order. Holding: ¶10…. (T)he government is entitled to restitution for losses incurred when it is a victim as a direct […]
Failure to Object to Plea Bargain Breach
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: ¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was violating […]
Waiver of Issue: Statutory Double Jeopardy – Guilty Plea Rule
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/16/02 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Claim of “statutory double jeopardy,” § 939.71, not barred by guilty plea waiver rule; court therefore may consider merits of whether elements of federal bank robbery conviction are the same, and therefore preclude prosecution of, […]
Waiver of Issue: Sentence – Failure to Object to Inaccurate Information
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state […]
Waiver of Issue: Territorial Jurisdiction Defense
State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02 For Randle: Paul G. Bonneson Issue: Whether a territorial jurisdiction objection (that none of the constitutent elements occurred in the state, § 939.03(1)) is waived by guilty plea to a lesser offense. Holding: ¶14 In this case, we need not decide whether a defendant […]
Judicial Estoppel Bar to Argument — Complete Adoption of Party’s Position Required
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Judicial estoppel requires that the party’s position be completely adopted. (Johnson therefore not estopped from challenging restitution amount he agreed to below because he also asked for probation but was given some jail time.) ¶24.
Judicial Estoppel Bar to Argument — Acceptance of Curative Instruction Bars Appellate Challenge to Its Efficacy
State v. Jonathan J. English-Lancaster, 2002 WI App 74, PFR filed 3/22/02 For English-Lancaster: Steven D. Phillips, SPD, Madison Appellate Issue: Whether defendant is judicially estopped from appellate challenge to the efficacy of a curative instruction, where he: requested such an instruction, expressed approval of it when it was given, and failed to move for […]
Appellate Procedure: Challenge to Judicial Substitution Refusal – Failure to Seek Chief Judge’s Review
Barbara R.K. v. James G., 2002 WI App 47 Issue: Whether review of a denied request for substitution of judge is waived by failure to seek review of the denial by the local chief judge. Holding: ¶9. … The statute then provides: ‘If the judge named in the substitution request finds that the request was […]
Review of Waived Issue: Plain Error – Polygraph Evidence
State v. Ronald J. Frank, 2002 WI App 31, PFR filed 1/2/02 For Frank: Jane K. Smith Issue: Whether testimonial references to an accepted offer to take a polygraph amounted to plain error. Holding: Plain error, § 901.03(4), requires “obvious” error, and is reserved for likely violations of basic constitutional right: “Frank identified no basic […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.