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: At trial on shooting related charges, one detective testified that DelReal’s hands had been swabbed for gunshot residue (with unknown results), but the lead detective testified that he hadn’t. The trial court struck testimony about the swabbing, ruling it irrelevant. Turns out that DelReal was swabbed and,

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter

Holding: A “deficient sample” printout from an Intoxilyzer 5000 test is held admissible – not as a test result, but as Zivcic’s failure to provide adequate breath samples (which equals a refusal).

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 issue, in other words, is one of potential constitutional,

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 he had a fully enforceable right to performance of the original plea bargain,

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 kill the deceased so she couldn’t testify against him.

Holding: The prior acts evidence was relevant and not unfairly prejudicial.

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 of “common plan or scheme to obtain sexual gratification by force.”

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 over the head with a hard cover book.

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 appeals upholds a discovery order to turn the video over to the prosecution,

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 theory of defense was that the witness rather than defendant committed the crime.

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).