On Point

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).

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 was submitted to the jury.” ¶40.

The court’s holding seems to be informed by two notions.

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 show the falsity of a statement.

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 not have raised these arguments in his direct appeal or first Wis.

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 error is whether the appellate court in its independent determination can conclude there is sufficient evidence,

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 that the trial court should not consider the convictions,

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 trial court was in its “imposing sentence”

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 93, 254 Wis. 2d 442,

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 delay is caused by the respondent — here, firing his attorney. 

State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01
For Wenk: Michael K. Gould, SPD, Milwaukee Appellate

Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion.

Holding: Although the state expressed doubt that it had met its burden of proof, the trial court was free to disregard that view. And, although the experts recommended release upon certain conditions,