On Point

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. … The statute is meant to include all prior convictions,

Monroe Swan v. Douglas LaFolette, 231 Wis.2d 633, 605 N.W.2d 640 (Ct. App. 1999)

Issue: Whether denial of opportunity to become notary public due to felony conviction violates ex post facto provision.

Holding: Ex post facto clause forbids punishing as crime any act which wasn’t punishable when committed, but laws that merely disadvantage someone don’t; because the plain language of the new notary public provision evinces no intent to punish,

State v. Tartorius Allen, 226 Wis.2d 66, 593 N.W.2d 504 (Ct. App. 1999)
For Allen: Steven D. Phillips, SPD, Madison Appellate.

Holding: A frisk is an intrusion additional to the stop, and requires additional justification about the presence of a weapon, which the court finds:

Allen and his companion being in a high-crime area, standing alone, would not be enough to create reasonable suspicion. A brief contact with a car,

State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999)
For Carter: Paul G. LaZotte.

Issue/Holding: The jail assessment in §§ 302.46(1) & 814.60(2)(ag) is contingent on imposition of a fine or forfeiture.

Section 814.60(2)(ag), STATS., provides that “[i]n addition to any fine imposed, a defendant shall be required to pay any … [j]ail assessment imposed by s. 302.46(1).”  Section 302.46(1), 

State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999)
For Rohe: Charles B. Vetzner, SPD, Madison Appellate.

Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial.

Holding: Because the examination was part of the state’s investigation and prosecution; and because the examiners were on the state’s witness list,

State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999)
For Carter: Paul G. LaZotte

Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis.

State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999)
For Jackson: Allan D. Krezminski

Holding: Jackson failed his burden of production that the state violated his rights (more concretely: unless the hospital personnel were acting as state’s agents, there would be no governmental interference with his rights under the fourth amendment).

State v. James C. Lindsey, 203 Wis. 2d 423, 554 N.W.2d 215 (Ct. App. 1996)
For Lindsey: Park M. Drescher

Issue/Holding:

It is undisputed that the trial court at the sentencing hearing erred when it did not afford Lindsey the right of allocution provided by § 972.14(2), Stats. …First, we conclude that because § 972.14(2), Stats., clearly establishes a statutory right of allocution and because the trial court did not follow the mandate of § 972.14(2),

State v. Dennis Moslavac, 230 Wis. 2d 338, 602 N.W.2d 150 (Ct. App. 1999)
For Moslavac: Michael S. Holzman.

Issue/Holding: The knock-and-announce rule does not apply when the target premises are unoccupied.

Police have authority to forcibly execute a search warrant when the premises are unoccupied. It follows that the knock-and-announce rule doesn’t apply to unoccupied premises, the purposes of the rule not being served if no one’s there.