On Point

State v. Richard A. Brown (II), 2002 WI App 260, PFR filed 10/22/02
For Brown: Steven P. Weiss, SPD, Madison Appellate

Issue/Holding:

¶16. Brown next argues that the trial court erred in failing to strike a prospective juror for cause and that he was prejudiced by being forced to use one of his peremptory strikes to remove him. Although a few years ago,

State v. Thomas Treadway, 2002 WI App 195
For Treadway: Lynn E. Hackbarth

Issue: Whether a respondent is entitled to the number of peremptory challenges prescribed by § 972.03, because of the potential for life-long custody.

Holding: Because an SVP respondent is entitled to periodic review, the analogy to a life sentence fails, and peremptory challenges are regulated by § 805.08(3) (three challenges,

State v. Thomas Treadway, 2002 WI App 195
For Treadway: Lynn E. Hackbarth

Issue: Whether the state’s petition was timely, where the respondent had already completed his sentence on the qualifying conviction but was serving concurrent sentences with the controlling sentence a non-qualifying conviction.

Holding: State v. Keith, 216 Wis. 2d 61, 573 N.W.2d 888 (Ct. App. 1997) (petition timely filed where respondent serving consecutive sentences) extended to concurrent sentences:

¶17. 

State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02
For Schreiber: William J. Donarski

Issue/Holding: “A sentencing court may consider writings and statements otherwise protected so long as there is a sufficient nexus to the defendant’s conduct and where the writings are relevant to the issues involved.” ¶16, citing Dawson v. Delaware, 503 U.S. 159, 164 (1992).

State v. Christopher Kaczynski, 2002 WI App 276, PFR filed 11/20/02
For Kaczynski: Eugene Kaluzny

Issue/Holding: Sentence of 10 years, where the conduct would have supported charges carrying 45 years, isn’t harsh. ¶13.

State v. Christopher Kaczynski, 2002 WI App 276, PFR filed 11/20/02
For Kaczynski: Eugene Kaluzny

Issue/Holding:

¶9. It has long been the law in Wisconsin that, unless a defendant’s rights against self-incrimination are implicated (and Kaczynski makes no claim that they are), it is “entirely proper” for a trial court “to consider on sentencing, the defendant’s cooperativeness as manifested by his refusal to name his accomplices.” 

State v. Eric S. Fenz, 2002 WI App 244
For Fenz: Jacob W. Gobel

Issue: Whether the sentencing court may take into account the amount of jail credit to be awarded, in the narrow instance where the court wants to assure a term of imprisonment sufficiently lengthy to allow exposure to a treatment program.

Holding:

¶10. Fenz argues that Klimas and Struzik established a “bright line”

State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02
For Schreiber: William J. Donarski

Issue/Holding: The sentencing court properly considered the three primary sentencing factors — gravity of offense, defendant’s character, need to protect public — and the weight assigned each is delegated primarily to the trial court. (Schreiber’s argument that the sentencing court shouldn’t have considered his gang affiliation, because he’d already been punished for that by having his probation revoked,

State v. Michael A. Grindemann,  2002 WI App 106, PFR filed 5/23/02
For Grindemann: Leonard D. Kachinsky

Issue/Holding: A sentence well within the maximum (here, 44 years out of a possible 110) is presumptively not unduly harsh. ¶¶29-33.

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: Trial court disclaimer (via postconviction ruling) of reliance on information challenged as inaccurate isn’t binding: rather, appellate court “may independently review the record to determine the existence of any such reliance.” ¶¶27-28. Here, the record shows that this disclaimer “was, at least in part,