On Point

State v. Troy B. Baker, 2001 WI App 100, 243 Wis. 2d 77, 626 N.W.2d 862 For Baker: William E. Schmaal, SPD, Madison Appellate Issue: Whether the county DHS, which paid out testing expenses for a sexual assault victim, may be considered for restitution purposes an “insurer, surety or other person who has compensated [the] […]

State v. Gabriel L. Ortiz, 2001 WI App 215 For Ortiz: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether restitution may be ordered under § 973.20 for overtime police costs. Holding: ¶20. The collective effect of Schmaling and Howard-Hastings is the following. A governmental entity can, in the appropriate case, be a victim entitled to restitution. (Howard-Hastings). Where the defendant’s conduct […]

State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether multiplicity claims were waived due to lack of objection until after trial. Holding: Although it isn’t necessary to raise a multiplicity challenge before trial, waiver attaches if “also omitted prior to the time the case […]

State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64For Noble: Jeff P. Brinckman Issue: Whether failure to cite relevant authority in support of appellate argument establishes waiver. Holding: ¶11 … But Noble cites no authority requiring a tape recording, a transcript, or a signed statement to […]

State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals. Holding: ¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could […]

State v. William Nielsen, 2001 WI App 192, PFR filed For Nielsen: Waring R. Fincke Issue/Holding: ¶20. Our review of a claimed discovery violation under Wis. Stat. § 971.23 is subject to a harmless error analysis. See State v. Koopmans, 202 Wis. 2d 385, 396, 550 N.W.2d 715 (Ct. App. 1996). The test of harmless […]

State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grds., 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 For Leitner: Jim Scott Issue: Whether the defendant waived his right to object to trial court reliance on certain information by failing to lodge a contemporaneous objection. Holding: ¶41 … When the prosecutor subsequently argued […]

State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, affirmed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the defendant waived objection to the sentencing court’s reliance on information sealed from the defendant’s inspection. Holding: ¶42 We accept the State’s waiver argument. First, just because the […]

State v. Michael W. Carlson, 2001 WI App 296 For Carlson: Steven L. Miller Issue/Holding: Erroneous impaneling of a juror who, because he could not understand English, should not have been seated, wasn’t harmless beyond a reasonable doubt. ¶46. The harmless error rule adopted last term by this court in State v. Harvey, 2002 WI […]

County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed For Edward S.: Richard D. Martin, SPD, Madison Appellate Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action. Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the […]