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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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Briefs – Citing Unpublished Opinion
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether an unpublished decision may be cited for its “persuasive” value. Holding: ¶7 n. 6: We acknowledge that the cited order from the Seventh Circuit is an ‘unpublished opinion.’ However, the Seventh Circuit’s rule only prohibits citation of an ‘unpublished opinion’ as […]
Interlocutory Appeal – Review in Circuit Court of Bindover by Court Commissioner, by Motion to Dismiss
State v. Eric D. Gillespie, 2001 WI App 35, PFR filed 2/1/05 For Gillespie: John Anthony Ward Issue: Whether, following bindover by court commissioner under § 757.69(1)(b), a defendant may obtain a “preliminary hearing de novo” (i.e., a second preliminary hearing) in circuit court under § 757.69(8). Holding: ¶7 The State contends that WIS. STAT. […]
Motion to Reconsider Trial Ruling – Necessity of Separate Appeal
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126, PFR filed 5/31/01 For defendants: Robert R. Henak Issue: Whether a motion to reconsider injected sufficiently new issues into the case so as to require a separate notice of appeal to make the order denying […]
Reconstruction of Missing Transcript – Application for Search Warrant
State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the […]
Relief from (Civil) Judgment, § 806.07
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier. Holding: Under § 806.07(1)(h), there is no […]
Sanctions — Frivolous Appeal
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether the appeal is sufficiently frivolous to warrant sanctions. Holding: ¶19. On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. § 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should […]
Sentence Credit — Consecutive Sentences — Allocation to First Sentence
State v. Paul L. Wolfe, 2001 WI App 66, 242 Wis. 2d 426, 625 N.W.2d 655 For Wolfe: Gary Seeling Issue: “The basic question before us is whether a court, in a multiple count conviction where one sentence is imposed and another stayed, must apply sentence credit to the conviction of the first imposed sentence,” […]
Restitution — Waiver of Objection
State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Failure to object to restitution until postconviction motion would not incur waiver bar for several reasons: particular claim is of statewide interest; the state never argued waiver in the trial court; the issue is one purely of law. […]
Restitution — Limtations — Unrelated Crime
State v. James A. Torpen, 2001 WI App 273, PFR filed 11/13/01 For Torpen: William E. Schmaal, SPD, Madison Appellate Issue: Whether a court has authority to order, as restitutive conditions of probation, payment of obligations from prior, unrelated criminal cases. Holding: ¶14. Pursuant to Wis. Stat. § 973.20, a circuit court may order the payment […]
Restitution — Victim as Party to the Crime
State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 For Knoll: Ralph Kalal Issue: Whether passenger Foust, injured in the crash of a car whose driver (Knoll) was drunk, was party to the crime of drunk driving and therefore not a “victim” for purposes of restitution. Holding: ¶11 Because Knoll […]
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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.