On Point

State v. Clyde B. Williams, 230 Wis.2d 50, 601 N.W.2d 838 (Ct. App. 1999) For Williams: Michael E. Nieskes Issue: Whether papers must be filed in the county of origin after a successor judge from another county is assigned to the case Holding: “In this appeal we conclude that when a judge from a different […]

City of Sheboygan v. Laura I. Flores, 229 Wis. 2d 242, 598 N.W.2d 307 (Ct. App. 1999) In a traffic regulation case, the docket entries – not any judgment or order – reflect the final determination and trigger the notice of appeal deadline.

Fedders v. American Family Mut. Ins. Co., 230 Wis.2d 577, 601 N.W.2d 861 (Ct. App. 1999) Issue: Whether a party may cross-appeal of right any interlocutory order after leave to appeal has been granted. Holding: “(W)e hold that once leave to appeal has been granted, any other interlocutory order is appealable only by leave of […]

State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999) For Olson: Steven P. Weiss, SPD, Madison Appellate Holding: Timothy L. Olson appeals from an order denying a postconviction motion for relief.  Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before […]

.State v. Bobby G. Grant, 230 Wis.2d 90, 601 N.W.2d 8 (Ct. App. 1999) For Grant: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether Grant’s waiver of jury trial was invalid because the trial court failed to advise that the verdict must be unanimous. Holding: The procedure applicable to challenging guilty pleas, State v. Bangert, 131 Wis. 2d […]

State v. Joseph Schultz, 224 Wis.2d 499, 591 N.W.2d 904 (Ct. App. 1999) For Schultz: Robert R. Raehsler Issue/Holding: A party in a civil case may seek relief from judgment under Wis. Stats., § 806.07. Where the basis for the motion is “mistake,” the primary question is whether the party’s conduct “was excusable under the […]

State v. Daniel C. Tuescher, 226 Wis.2d 465, 595 N.W.2d 443 (Ct. App. 1999) For Tuescher: David D. Cook Issue/Holding: Tusecher’s conviction on one count, out of several counts with concurrent sentences, was vacated for new trial. He continued to serve the remaining sentences, and was ultimately convicted and sentenced on a lesser offense on […]

State v. Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999) For Kenyon: Rex Anderegg Issue/Holding: Employee Retirement Income Security Act trumps Victims’ Rights. Kenyon was convicted of stealing about $150,000, and was ordered to pay restitution by “voluntarily” withdrawing funds from his pension fund. The COA reverses, holding that ERISA’s preemption […]

State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: Setoff is available to reduce the amount of special damages. The defendant has the burden of proving facts necessary to this defense. Since the victim here suffered general as well as special damages, Walters was therefore […]

State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: The COA refuses to acknowledge accord and satisfaction as a restitution defense. Restitution, the court reasons, “is not a claim which a defendant owns, as a civil claim is. It is a remedy that belongs to […]