On Point

State v. Jacob E. Herman, 2002 WI App 28, PFR filed 1/16/02
For Herman: Jack E. Schairer, Jefren E. Olsen, SPD, Madison Appellate

Issue/Holding:

¶1        Jacob Herman appeals from the sentencing portion of a judgment convicting him of possession of THC contrary to WIS. STAT. § 961.41(3g)(e).  The circuit court suspended Herman’s operating privilege for six months after concluding that it had no discretion to impose less than the minimum suspension mandated by WIS.

State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grounds, 2002 WI 77
For Leitner: Jim Scott

Issue: Whether the trial court properly denied a presentence motion to withdraw guilty plea.

Holding:

¶27. When a defendant shows a fair and just reason, the trial court should permit the plea withdrawal unless there is substantial prejudice to the prosecution.

State v. Corey J. Hampton, 2002 WI App 293, affirmed, 2004 WI 107
For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate

Issue/Holding: The pleading requirements for a hearing imposed by State v. Bentley, 201 Wis. 2d 303, 548 N.W.2d 50 (1996) aren’t applicable to a motion for plea-withdrawal based on defective colloquy:

¶20. Hampton responds that Bentley does not apply because the defendant in Bentley sought plea withdrawal based on ineffective assistance of counsel and,

State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, 2001 WI App 130
For Polashek: Nila J. Robinson

Issue: Whether the element of “disclosure” in § 48.981(7) requires that the recipient not previously have been aware of the confidential information.

Holding: Given the plain meaning of “disclosure,” as defined by various dictionaries, as well as construciton of the term under the Federal Privacy Act:

¶23.

State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02
For Jones: Mark D. Richards

Issue/Holding: The drug tax stamp law, §§ 139.87-139.96,  amended to address State v. Hall, 207 Wis. 2d 54, 557 N.W.2d 778 (1997), doesn’t violate the privilege against compelled self-incrimination, ¶33-36.

State ex rel. Bradley Jones v. Smith, 2002 WI App 90, PFR filed 4/19/02

Issue: Whether a prisoner is entitled to discharge of sentence if transported through another state without use of the Uniform Criminal Extradition Act, § 976.03.

Holding: 

¶5                        According to Jones and Morey, the government is required to use the extradition process whenever and wherever prisoners are transported through noncontracting states on their way to incarceration in a contracting state. 

State v. Jimmie Davison, 2002 WI App 109, overruled on other grounds, 2003 WI 89, ¶111
For Davison: Keith A. Findley, UW Law School

Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.

State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922
For Davis: James M. Shellow

Issue/Holding:

¶16. The rules on character evidence and expert testimony allow for the admissibility of Richard A.P. evidence. Under our rules of evidence, a defendant may introduce “pertinent trait[s]”

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 either the terms or the ‘spirit’ of the plea agreement.

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02
For Barreau: Glenn C. Reynolds

Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal.

Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct to attack a witness’s credibility,