On Point

State v. David C. Liebnitz, 231 Wis.2d 272, 603 N.W.2d 208 (1999), on certification
For Liebnitz: Rex R. Anderegg.

Issue: Whether the defendant sufficiently admitted to an alleged repeater allegation so as to justify enhanced sentencing where, although he never disputed the allegation and in fact received the bargained-for sentence, he never distinctly admitted the repeater allegation.

Holding: Because the complaint and information both set forth the details of the repeater allegation along with the enhanced penalty;

Leonard L. Jones v. State, 226 Wis.2d 565, 594 N.W.2d 738 (1999), affirming unpublished decision
For Jones: Colleen D. Ball, Reinhart, Boerner, Van Dueren, Norris & Riesselbach.

Issue/Holding: Procedure for obtaining return of property seized under Uniform Controlled Substances Act is outlined in two seemingly overlapping statutes, §§ 961.55 & 968.20. The former, part of UCSA, mandates that “(a)ny property seized but not forfeited shall be returned to its rightful owner.”

State ex rel. Jose DeJesus Fuentes v. Court of Appeals, 225 Wis.2d 446, 593 N.W.2d 48 (1999), original action
For Fuentes: Robert T. Ruth.

The supreme court rectifies loss of the petition for review deadline caused by the court of appeal’s clerical error (failure to mail a copy of decision to appellate counsel). The remedy, which Fuentes followed, is to seek habeas relief in the supreme court. The court grants his petition,

State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997)
For O’Brien: Martin E. Kohler, John C. Thomure, Jr.

Issue/Holding: O’Brien sought to obtain certain exhibits for postconviction testing. Though the court of appeals enunciated certain guidelines for such postconviction discovery, State v. O’Brien, 214 Wis.

State v. Daniel G. Scheidell, 230 Wis.2d 189, 601 N.W.2d 284 (1999), on reconsideration of State v. Scheidell, 227 Wis.2d 285, 595 N.W.2d 661 (1999).
For Scheidell: Mitchell E. Cooper, SPD, Madison

Holding: Having previously refused to entertain Scheidell’s alternative argument in support of the decision being appealed, 227 Wis. 2d at 288 n. 1, the supreme court on reconsideration, recognizes “that the appellee may, without taking a cross-appeal,

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

Issue/Holding: Failure to raise an issue in the petition for review waives the right to argue it, though the court may nonetheless reach the merits under certain circumstances:

¶37 We decline to address this issue.

State v. Lucian Agnello, 226 Wis.2d 164, 593 N.W.2d 427 (1999), reversing unpublished decision
For Agnello: Jerome F. Buting & Pamela Moorshead, Buting & Williams

Issue/Holding: On a motion to suppress statement, counsel’s bare relevancy objection to an inquiry into the statement’s truthfulness is held sufficient to preserve a Rogers v. Richmond/Jackson v. Denno objection. This holding is summed up by the following passages:

¶12 There is no question that Agnello’s objection was not as specific as it could have been.

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).