On Point

State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999), reconsideration denied, 225 Wis.2d 121, 591 N.W.2d 604 (1999)
For Armstrong: Steven A. Koch and Seymour, Kremer, Nommensen, Morrissy & Koch

Issue/Holding: Armstrong pleaded guilty, with suppression issues (admissibility of oral statements) preserved as matter of law under Wis. Stat. § 971.31(10). The supreme court holds that the trial court’s refusal to order suppression was error,

State v. John J. Watson, 227 Wis.2d 167, 595 N.W.2d 403 (1999), reversing unpublished decision
For Watson: Richard D. Martin, SPD, Milwaukee Appellate

Holding: For fact-specific reasons, the state established probable cause to proceed with this 980 case; bindover is established by more than reliance on inadmissible hearsay.

State v. Frank Curiel, 227 Wis.2d 389, 597 N.W.2d 697 (1999), affirming unpublished decision
For Curiel: Jack. C. Hoag, Sedor & Hoag.

Issue/Holding: “¶7 Is the verdict of the court supported by the evidence? We hold that the evidence adduced at trial was sufficient to support the commitment of the defendant under Wis. Stat. ch. 980.” The testimony of a single expert witness that Curiel was much more likely than not to reoffend suffices to uphold the commitment (even though that witness did not personally interview Curiel).

State v. Larry J. Sprosty, 227 Wis.2d 316, 595 N.W.2d 692 (1999), afffirming and remanding 221 Wis.2d 401, 585 N.W.2d 637 (Ct. App. 1998).
For Sprosty: T. Christopher Kelley, Thomas, Kelly, Habermehl & Mays.

Issue/Holding:

¶3 We conclude that a circuit court, in its discretion, may consider the availability of facilities to house or to treat a sexual predator under Wis. Stat. § 980.08(4). However,

State v. Michael Love, 227 Wis.2d 60, 594 N.W.2d 806 (1999), reversing State v. Love 218 Wis.2d 1, 579 N.W.2d 277 (Ct. App. 1999)
For Love: Philip J. Brehm.

Holding: Love was represented at sentencing after revocation by an attorney who had been the prosecutor at the original sentencing, 20 months earlier; the attorney couldn’t remember appearing for the state at the original sentencing.

State v. Jene R. Bodoh, 226 Wis.2d 718, 595 N.W.2d 330 (1999), affirming State v. Bodoh, 220 Wis.2d 102, 582 N.W.2d 440 (Ct. App. 1998)
For Bodoh: Michael D. Mandelman

Holding: A dog can be a dangerous weapon if used or intended or intended to be used in a manner calculated or likely to cause death or great bodily harm. (This holding has the effect of ratifying a prior court of appeals decision on this point,

State v. John V. Dundon, 226 Wis.2d 654, 594 N.W.2d 780 (1999), on certification
For Dundon: William S. Coleman, SPD, Milwaukee Appellate.

Holding:

¶36 In Coleman, we recognized that “a narrow defense of privilege under Wis. Stat. § 939.45(6) exists to a charge of felon in possession of a firearm.” Coleman, 206 Wis. 2d at 210.

State v. Richard L. Kittilstad, 231 Wis.2d 245, 603 N.W.2d 732 (1999), affirming State v. Kittilstad, 222 Wis.2d 204, 585 N.W.2d 925 (Ct. App. 1998)
For Kittilstad: Richard L. Wachowski

Issue: Whether threats to interfere with educational opportunity may amount to extortion under § 943.30(1).

Holding: A threat to interfere with education is tantamount to a threat to a “calling or trade,”

County of Kenosha v. C & S Management, 223 Wis.2d 373, 588 N.W.2d 236 (1999), on certification
For C & S: Robert R. Henak, and Shellow, Shellow & Glynn

Holdings:

• Obscenity statute, Wis. Stat. § 944.21 (1995-96), survives freedom-of-speech and void-for-vagueness challenges.
• Expert testimony on community standards isn’t constitutionally required; telephone survey wasn’t relevant, largely because it didn’t convey the explicitness of a video,

State v. Richard L. Kittilstad, 231 Wis.2d 245, 603 N.W.2d 732 (1999), affirming State v. Kittilstad, 222 Wis.2d 204, 585 N.W.2d 925 (Ct. App. 1998)
For Kittilstad: Richard L. Wachowski

Issue: Whether offering money in exchange for the opportunity to watch sex acts may amount to soliciting prostitution under § 944.32.

Holding: The statute requires that the defendant “solicit” someone “to practice prostitution.”