On Point

State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Gardner’s 30-year sentence is upheld as a proper exercise of discretion.

State v. Harry S. Bernstein, 231 Wis.2d 392, 605 N.W.2d 555 (Ct. App. 1999) For Bernstein: Mary E. Waitrovich, SPD, Madison Appellate Issue: After the state requests then withdraws a request for jury in a Ch. 980 proceeding, must trial to the court be premised on the respondent’s personal consent to this withdrawal? Holding: Under […]

State v. Oto Orlik, 226 Wis.2d 527, 595 N.W.2d 468 (Ct. App. 1999) For Orlik: Steven P. Weiss, SPD, Madison Appellate Holding: Trial court lacks authority, under §§ 969.01 & 969.03, to impose no-contact order as condition of bail for someone who remains incarcerated. However, the separate procedure authorized in § 940.47 may be utilized […]

State v. Leo E. Wanta, 224 Wis.2d 679, 592 N.W.2d 645 (Ct. App. 1999) For Wanta: James M. Shellow HOLDING: Wanta argues that Wis. Stat. § 971.14(4)(b) is unconstitutional, because it requires proof of incompetence by clear and convincing evidence when the defendant claims that s/he is competent (vs. proof of competency by mere greater […]

State v. Michael W. Farrell, 226 Wis.2d 447, 595 N.W.2d 64 (Ct. App. 1999) For Farrell: Kevin M. Schram Holding: Finding of incompetency subsequent to plea proceeding is a factor to consider but in and of itself neither creates doubt as to prior competency nor requires retrospective competency hearing.

State v. Tommy Lo, 228 Wis. 2d 531, 599 N.W.2d 659 (Ct. App. 1999) For Lo: Margarita Van Nuland Issue/Holding: “When there is a conflict between the court’s oral pronouncement of sentence and a written judgment of conviction, the oral pronouncement controls.”

State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999) For Petrovic: Robert B. Rondini Issue/Holding: Counsel’s cross of a detective elicited testimony that Petrovic refused to answer questions about her drug involvement during custodial examination. The court rejects her argument that counsel’s examination was deficient. Counsel “reasonably believed,” based on pretrial […]

State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999) For Wenger: Richard L. Wachowski Holding: Duty-to-retreat instruction, Wis JI-Crim 810, properly submitted, though retreat would have been into defendant’s own home: Here, the trial court used the pattern instruction to inform the jury of the applicable law on retreat.  The […]

State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999) For Wenger: Richard L. Wachowski Holding: Violent acts of victim relevant to self-defense, as exception to general prohibition against character evidence, § 904.04(2), but exclusion of same harmless.

State v. Christopher M. Clutter, 230 Wis.2d 472, 602 N.W.2d 324 (Ct. App. 1999) For Clutter: Martha K. Askins, SPD, Madison Appellate Issue: Whether the nonsupport defense of inability to pay is viable by showing “lack of financial resources alone.” Holding: “(L)ack of financial resources alone is insufficient to demonstrate inability to pay.” Inability to […]