On Point

State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918
For Santana-Lopez: Rex Anderegg

Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence.

Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person making the offer — so long as the person making the offer believes that the test or analysis is possible,

State v. Charles A. Dunlap, 2002 WI 19, reversing 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398; affirmed on habeas, Dunlap v. Hepp, 436 F. 3d 739 (7th Cir 2006)
For Dunlap: Jack E. Schairer, SPD, Madison Appellate

Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault,

State v. Anthony D.B., 2000 WI 94, ¶11, 237 Wis. 2d 1, 614 N.W.2d 435
For Anthony D.B.: Ellen Henak, SPD, Milwaukee Appellate

Issue: Whether a circuit court has authority, on a Ch. 980 commitment, to order involuntary medication.

Holding: “Because those individuals committed under ch. 980 are defined as ‘patients’ in Wis. Stat. § 51.61(1), we hold that the statutory provision in § 51.61(1)(g),

State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11

For Williams: Steven P. Weiss, SPD, Madison Appellate

Issue: Whether the trial court improperly refused to adjourn trial so that the defense could secure presence of a witness.

Holding: Because the absent witness’s proposed testimony was vague as to details in support of alibi, the trial court didn’t err in finding insufficient materiality to support adjournment.

State v. Robert John Prihoda, 2000 WI 123, 239 Wis. 2d 244, 618 N.W.2d 857, affirming unpublished decision
For Prihoda: Timothy T. Kay

Issue1: “(W)hether the office of the clerk of circuit court may correct a clerical error in the sentence portion of a written judgment of conviction without prior court approval.” ¶3.

Holding1: ¶5:

(W)e conclude that the office of the clerk of circuit court does not have the authority to correct a clerical error in the sentence portion of a written judgment of conviction.

State v. Lawrence P. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655, petition for rev. gr., 11/15/00, reversed on other grounds, 2001 WI 74
For Peters: Jane K. Smith
Issue: Whether a prior offense may be used to enhance a current one, where the plea and sentencing on the prior offense were accomplished by closed-circuit television.
Holding: Although the procedure used in the prior offense violated the &sect 971.04(1) statutory mandate of actual physical presence,

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126

For Leighton: Daniel Snyder

Issue: Whether the trial court erroneously exercised discretion in denying a continuance based on assertions that lead counsel wanted to obtain assistance of another attorney in trying the case, and also was having difficulty locating certain witnesses.

Holding: Given that these witnesses ultimately testified, and that the desired attorney never made an appearance or filed a notice of retainer,

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753

For Scott: Joseph E. Redding

Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole.

Holding: The witness’s attempt to admit the crimes and exonerate the defendant would have misled the jury absent revelation of his functional immunity stemming from his parole status: “where no practical,

State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 NW2d 552, affirmed by equally divided vote, 2001 WI 56, 243 Wis. 2d 476, 627 N.W.2d 484
For Bond: William Coleman; Janet Barnes; Ellen Henak, SPD, Milwaukee Appellate

Issue: Whether, following arrest but before administration of Miranda rights, an officer’s response to the suspect’s asking why he’d been arrested was the functional equivalent of interrogation and therefore in violation of Miranda.

State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238
For Oswald: James L. Fullin, Jr., SPD, Madison Appellate

Issue: Whether an equivocal declaration of impartiality by a prospective juror is enough to establish subjective bias, given a trial court’s finding to the contrary.

Holding: The issue of a prospective juror’s subjective bias is reviewed on appeal through “a very deferential lens”;