On Point

State v. Dennis J. Kivioja, 225 Wis.2d 271, 592 N.W.2d 220 (1999), on certification For Kivioja: Mark G. Sukowaty. Issue/Holding: Kivioja pleaded guilty after his codefendant, Stehle, implicated him in a string of burglaries. Following his own sentencing and prior to Kivioja’s, Stehle recanted and Kivioja moved to withdraw his pleas. The trial court denied […]

State v. Jonathan V. Manke, 230 Wis.2d 421, 602 N.W.2d 139 (Ct. App. 1999) For Manke: Waring R. Fincke Issue/Holding: After a plea-based sentence has been vacated, and re-sentencing ordered, the “fair and just reason” standard applies to a motion to withdraw the plea: Before considering if Manke met his burden of proof, our initial […]

State v. Steven M. Shimek, 230 Wis.2d 730, 601 N.W.2d 865 (Ct. App. 1999) For Shimek: Keith A. Findley. Issue: Whether perceived bias on part of PSI author supports pre-sentence withdrawal of guilty plea. Holding: Trial court’s denial of motion, along with disregarding recommendation of that PSI and allowing defense to prepare alternative PSI, was […]

State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999) For Franklin: Archie E. Simonson. Holding: Franklin’s effort to withdraw his guilty plea, based on a claim that his attorney failed to investigate an alibi, is rebuffed. His attorney testified at a plea-withdrawal hearing that Franklin had already admitted that the […]

State v. Michael R. Sturgeon, 231 Wis.2d 487, 605 N.W.2d 589 (Ct. App. 1999) For Sturgeon: Terry Evan Williams. Issue/Holding: To prevail on a motion to withdraw guilty plea based on postplea discovery of exculpatory information, a defendant must prove (a) the existence of exculpatory evidence (b) in the exclusive control of the prosecution (c) […]

State v. David C. Tutlewski, 231 Wis.2d 379, 605 N.W.2d 561 (Ct. App. 1999) For Tutlewski: Dianne M. Erickson Issue: Whether citation to relevant authority preserved an evidentiary objection. Holding: The issue was preserved by contemporaneous objection that included citation to relevant caselaw: ¶10     At trial and before Carver was permitted to testify, Tutlewski renewed […]

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 Holding: Gardner attempted to raise an involuntary intoxication defense, § 939.42(1), based on the effects of prescription medication. The trial court heard his offer of proof and barred his expert (psychiatrist) from […]

State v. Gordon R. Anderson, Jr., 230 Wis.2d 121, 600 N.W.2d 913 (Ct. App. 1999) For Anderson: Craig M. Kuhary Issue: Whether the trial court erred, under the doctrine of completeness, in refusing to admit certain portions of Anderson’s statement to a detective. Holding: The completeness doctrine trumps the hearsay rule, and the trial court […]

State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999). For Petrovic: Robert B. Rondini Issue/Holding: The court holds admissible the following evidence: defendant’s “close” connection to someone (Fooden) with whom an agent “was familiar … based on drug investigations he had performed for the IRS.” “The State’s evidence indicating a connection […]

State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether evidence of the defendant’s flight from police three days after the crime was admissible. Holding: “While not part of the original criminal episode, evidence of flight was admissible because it indicated Miller’s consciousness of […]