On Point

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 […]

State v. Tyrone Price, 231 Wis.2d 229, 604 N.W.2d 898 (Ct. App. 1999) For Price: James L. Fullin, Jr., SPD, Madison Appellate. Issue: Whether confinement time spent on parole holds qualifies as “actual confinement serving a criminal sentence” thereby extending the five-year period for a prior, qualifying sentence-enhancement conviction under § 939.62(2). Holding: Time spent […]

State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Holding: Hit-and-run, § 346.67, applies to “premises held out to the public for use of their motor vehicles.” The event occurred at a closed gas station; the court holds the element satisfied: ” … The premises […]

State v. Jack E. Thurk, 224 Wis.2d 662, 592 N.W.2d 1 (Ct. App. 1999) For Thurk: Christopher A. Mutschler Holding: Following a vehicular homicide the culpable driver voluntarily accompanied an officer to the station and submitted to a chemical blood test. He seeks suppression, on the ground that he was denied a request for a breathalyzer […]

State v. Dennis J. Reitter, 227 Wis.2d 213, 595 N.W.2d 646 (1999), on certification For Reitter: Michael C. Witt, Monogue & Witt, S.C. ¶3 … where a defendant expresses no confusion about his or her understanding of the statute, a defendant constructively refuses to take a breathalyzer test when he or she repeatedly requests to […]

State v. Jamerrel Everett, 231 Wis.2d 616, 605 N.W.2d 633 (Ct. App. 1999) For Everett: Timothy T. Kay; Michael Patrick Cotter Issue: Whether the prosecution constituted double jeopardy because the defendant had been disciplined for the same conduct by the juvenile institution. Holding: Although prison discipline may carry punitive aspects, its principal purposes are institutional […]

State v. Roger L. Warren, 229 Wis. 2d 172, 599 N.W.2d 431 (Ct. App. 1999) For Warren: Daniel F. Snyder Holding: Warren’s perjured testimony at a single hearing dealing with a single general subject supports multiple perjury counts, because each charge dealt with different perjured details and is therefore “different in fact” if not law. […]

State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Issue/Holding: The court reverses a persistent repeater sentence, § 939.62(2m). Thoms was originally charged in the complaint with the standard 10-year sentence enhancement, § 939.62(1)(c)&(2), based on a prior felony theft conviction. However, the information changed the […]

State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999) For DelReal: Richard D. Martin, SPD, Milwaukee Appellate Holding: The defense was denied exculpatory evidence when a detective testified that the defendant had not been swabbed for gunshot residue when in fact he had, with negative results.

State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999) For Moline: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § 961.573, STATS., qualifies as a prior offense under the repeat drug offender statute, § 961.48(3), STATS. … […]