On Point

State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999) For Higgs: Joseph E. Redding Issue: Whether a sufficient factual basis was established on the element of bodily harm (where the defendant splashed the victim’s face with urine) to support a guilty plea to battery. Holding: The mere fact that urine […]

State v. Darrin D. Burns, 226 Wis.2d 762, 594 N.W.2d 799 (1999), affirming unpublished decision For Burns: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶3 We affirm the judgment of conviction in this case, even though the defendant did not expressly and personally articulate a plea of no contest on the record in open court, […]

State v. Frank J. Kosina, 226 Wis.2d 482, 595 N.W.2d 464 (Ct. App. 1999) For Kosina: Daniel F. Snyder Holding: Guilty plea defendant need not be advised of permanent prohibition on firearms possession flowing from 18 USCA §§ 921 & 921, for conviction “of a misdemeanor crime of domestic violence” because it is a collateral […]

State v. David C. Tutlewski, 231 Wis.2d 379, 605 N.W.2d 561 (Ct. App. 1999) For Tutlewski: Dianne M. Erickson Issue: Whether one witness’s opinion that state’s witnesses were incapable of lying invaded the jury’s province. Holding: This testimony violated the rule that one witness may not testify to the credibility of another witness. The alleged sexual assault […]

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Holding: The trial court’s discretionary determination to admit expert testimony on the HGN sobriety test is upheld. In particular, specialized knowledge in the “underlying principles” of HGN testing isn’t necessary. All that’s required is expertise in […]

State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999) For Doerr: John M. Carroll Holding: A preliminary breath test (unlike certain other breath test instruments) requires expert testimony to explain its import: The PBT device has not been approved by the DOT and does not receive a prima facie presumption […]

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999) For Ballos: Robert N. Myeroff Issue/Holding: ¶12. Wisconsin case law has not yet clarified whether, or on what basis, 911 calls, tapes, or transcripts may be admissible. Although the precise analysis may vary from case to case or even from call to […]

State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether a prior consistent statement is admissible where the declarant hasn’t been specifically cross-examined about his/her prior statement. Holding: The requirement in § 908.01(4)(a) that the prior consistent statement declarant be subject to cross-examination concerning […]

State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999) For Petrovic: Robert B. Rondini Holding: While executing a search warrant at Petrovic’s home, a detective talked to her 5-year old daughter, who gave him information about 39 marijuana plants growing outside. She ended up being tried with and convicted of manufacturing […]

State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Issue/Holding: No error found in trial court’s credibility-bound denial of new trial based on newly discovered evidence claim: In the instant case, the trial court found Sautier to be “incredible.”  It also found “that a jury would [not] find […]