On Point

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 […]

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State v. Darrin D. Burns, 226 Wis.2d 762, 594 N.W.2d 799 (1999), affirming unpublished decision For Burns: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶3 We affirm the judgment of conviction in this case, even though the defendant did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 […]