On Point

State v. Chad D. Schroeder, 224 Wis.2d 706, 593 N.W.2d 76 (Ct. App. 1999) For Schroeder: Patrick C. Brennan. Issue/Holding: A guilty plea waives any right to a hearing under State v. Becker, 74 Wis. 2d 675, 247 N.W.2d 495 (1976) (whether state manipulated adult court in not commencing case I juvenile court). A Becker […]

State v. Antonio A. Scott, 230 Wis.2d 643, 602 N.W.2d 296 (Ct. App. 1999) For Scott: Jennifer L. Weston. Issue: Whether Scott was denied effective assistance of counsel when his attorney allowed him to renegotiate an already-consummated plea bargain without advising that the original agreement was enforceable.   Holding: Counsel’s failure to inform Scott that […]

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 in admitting evidence in this 1st degree homicide trial of a prior sexual assault that resulted in Anderson being sent to prison, as evidence of his motive and intent to […]

State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Holding: On a charge that Thoms sexually assaulted his sister, the trial court allowed the state to introduce evidence that, 14 years before, he had allegedly sexually assaulted both a stranger and his niece, as evidence […]

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: In her opening statement, Edmunds told the jury that no one would testify that she did “an unloving act to a child.” This assertion allowed the state to show that she had struck a child […]

In re Petition for Subpoena of Documents: Ramiro Estrada v. State, 228 Wis.2d 459, 596 N.W.2d 496 (Ct. App. 1999) For Estrada: Keith A. Steckbauer Holding: An alleged sexual assault perpetrator’s wife videotaped an interview with the complainant, after an attorney told them it would be helpful to know more about the allegations. The court of […]

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999) For Ballos: Robert N. Myeroff. Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where the […]

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999) For Agacki: John M. Carroll. Issue/Holding: Psychotherapist-patient may be abrogated by “dangerous-patient exception” recognized by Schuster v. Altenberg, 144 Wis.2d 223, 424 N.W.2d 159 (1988), and Tarasoff v. Regents of the Univ. of Cal., 551 P.2d 334 (Cal. 1976).

State v. Michael Brandt, 226 Wis.2d 610, 594 N.W.2d 759 (1999), affirming State v. Brandt, 220 Wis.2d 121, 582 N.W.2d 433 (Ct. App. 1998) For Brandt: Michael J. Fitzgerald & Dean A. Strang. Holding: ¶24 Where, as here, a circuit court ignores the plea questionnaire in its colloquy concerning the elements of the crimes, the adequacy of […]

State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) For Merryfield: Edward J. Hunt Holding: Merryfield was originally charged with one felony and one misdemeanor. Pursuant to a plea bargain, he pleaded guilty to the misdemeanor, and the state agreed to drop the felony (but critically, as it turns out, didn’t […]