On Point

State v. Eugene P. Opalewski, 2002 WI App 145, PFR filed 6/6/02 For Opalewski: Lorinne J. Cunningham Issue/Holding: On charges of first degree sexual assault of a child and incest, evidence of the defendant’s past sexual abuse of his two daughters and the children of a prior girlfriend was admissible under the three-step test of State v. Sullivan, […]

State v. Marc Norfleet, 2002 WI App 140 For Norfleet: Alan D. Eisenberg Issue/Holding: Once the trial court reasonably determines that disclosure of an informant’s identity is required, there is no need to hold an in camera hearing, ¶¶13-14.

Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: The attorney-client privilege shields statements from attorney to client, such as billing records only to the extent that disclosure would “reveal[] the substance of lawyer-client communications.” ¶40. The undisputed record here shows that the sought billing records “contain detailed descriptions of the nature of […]

Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: A former officer and director of a corporation is not entitled to waive the corporation’s attorney-client privilege, even with regard to information generated during the person’s corporate tenure. Under the “entity rule,” the privilege belongs solely to the corporation, and only the corporation may […]

Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Although a mere allegation is insufficient, the burden for establishing a prima facie case of the attorney-client crime-fraud exception is low — reasonable cause (i.e., more than suspicion but less than preponderance-of-evidence) to believe that the attorney’s services were utilized in furtherance of the […]

Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Work-product is a “qualified privilege” to refuse disclosure of materials generated by counsel in anticipation of litigation that only gives way upon showing of substantial need along with undue hardship in obtaining the substantial equivalent through other means. ¶61. The trial court erroneously exercised […]

In Re: A Witness Before the Special Grand Jury, 288 F.3d 289 (7th Cir. 2002) Issue/Holding: Privilege between government lawyer and client — state agency — does not extend to criminal proceedings such as grand jury investigation.

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: The court modifies the threshold showing required for an in camerainspection, in favor of “a slightly higher standard,” namely a “‘reasonable likelihood’ that the records will be necessary to a determination of guilt or innocence.”¶32. ¶34. Based on the […]

State v. Sisakhone S. Douangmala, 2002 WI 62 For Douangmala: Robert R. Flatley Issue/Holding: ¶3 This case presents the following question: If a circuit court fails to give the deportation warning required by § 971.08(1)(c), when accepting a guilty or no-contest plea, is a defendant entitled to withdraw the plea later upon a showing that […]

State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether the defendant met his burden of showing a prima facie case that he didn’t understand an element of the offense to which he pleaded guilty. Holding: ¶22. Wisconsin’s courts have been relying on Bangert since it was written in […]