On Point

State v. Marvin C. Seay, State v. Christopher Tillman, 2002 WI App 37

Issue/Holding:

¶1. In these two appeals, the appellants filed unsigned notices of appeal with the clerks of the circuit courts. The issue is whether the failure to sign the notice of appeal deprives this court of appellate jurisdiction. In accord with the recent United States Supreme Court ruling in Becker v. Montgomery,

State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02

Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation.

Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring. ¶¶31-33.

State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02
For Polak: Philip J. Brehm
Issue/Holding:

¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the waiver of the right to counsel was knowing, intelligent and voluntary….¶16.

State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02
For Brockett: Hans P. Koesser
Issue/Hearing: The defendant’s right to personal presence at a postconviction evidentiary hearing hinges on the existence of substantial issues of fact in which the defendant participated. Here, there was a substantial dispute, but it related to a “side issue,” and the defendant therefore had no right to be present in person.

State v. Anthony J. Dentici, Jr., 2002 WI App 77, PFR filed 2/5/02
For Dentici: Joseph E. Redding

Issue/Holding:

¶1 … Dentici claims that he is entitled to twenty-five days’ credit pursuant to State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), because, after being sentenced to sixty days at the House of Correction as a condition of probation,

State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02
For Brockett: Hans P. Koesser

Issue/Hearing: The trial court has inherent authority to vacate or modify an order (including, as in this instance, on state’s motion). ¶¶13-15.

State v. John D. Tiggs, Jr., 2002 WI App 181

Issue/Holding:

¶9. We agree with Tiggs that once he has changed his legal name, he has a positive right to be called by that name. But he may also, by conduct, forfeit that right. If he calls himself by some other name, he has announced to the world that he goes by that other name and others then have the right not only to call him by that other name,

State v. Jerry L. Parker,  2002 WI App 159, PFR filed 5/20/02
For Parker: William Christopher Rose

Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial but never introduced into the record.

State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02
For Grindemann: Leonard D. Kachinsky
Issue/Holding: The trial court erred in granting a motion to modify sentence without either seeking the state’s response or holding a hearing. Procedure on motion to modify sentence is similar to that for a post-conviction motion under § 974.06(3) — if the motion is obviously non-meritorious, the trial court should deny it outright;

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 waived an objection to the violation of an in limine order, by waiting until a recess to enter an objection.

Holding:

¶17. When the State violated the stipulation and the court’s order at trial, English- Lancaster did not immediately object. Instead,