On Point

State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Holding: A state’s witness testified that he had two priors, when in fact he had three. The court finds any error harmless, stressing that the witness was a prison inmate and testified in prison clothes – therefore […]

State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate Issue: Whether the probable cause hearing was held within 72 hours of filing of the Ch. 980 petition, as required by § 980.04(2). Holding: The trial court’s finding that the hearing was held […]

State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate. Issue/Holding: Prediction of future dangerousness may be made of a juvenile in a Ch. 980 proceeding. The state’s experts assessed Matthew’s dangerousness by using the “Doren criteria,” which were developed through research involving […]

State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998). For Richard: Robert Henak. Diagnosis of multiple personality disorder, to impeach witness: evidence of mental impairment does not, without more, affect witness’s credibility. Without evidence that this condition affected the witness’s recall ability, it is irrelevant.

State v. Richard Dodson, 219 Wis.2d 65, 580 N.W.2d 181 (1998), unpublished decision below. For Dodson: Michael J. Backes Issue/Holding: Applying the test of State v. Pulizzano, 155 Wis. 2d 633, 647-48, 456 N.W.2d 325 (1990), the court finds evidence of prior sexual assaults necessary “to rebut the logical and weighty inference that the victim gained sexual […]

State v. Daniel Anderson, 219 Wis.2d 739, 580 N.W.2d 329 (1998), reversing State v. Anderson, 214 Wis. 2d 126, 570 N.W.2d 872 (Ct. App. 1997) For Anderson: Jack E. Schairer, SPD, Madison Appellate Issue: Whether violating different conditions of a single bond supports multiple bail jumping counts. Holding: Anderson, released on an otherwise unrelated case, was ordered as […]

Reuben Adams v. Bartow, 330 F.3d 957 (7th Cir. 2003), denying habeas relief in State v. Adams, 223 Wis. 2d 60, 588 N.W.2d 336 (Ct. App. 1998) For Adams: Samuel Arena (Foley & Lardner) Issue: Whether the state court affirmance of Adams’ commitment unreasonably applied Kansas v. Hendricks, 521 U.S. 346 (1997) or Foucha v. Louisiana, 504 U.S. 71 (1992). […]

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) / State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal Issue: Whether Warren was entitled to appointment of counsel […]

State v. Shonna Hobson, 218 Wis.2d 350, 577 N.W.2d 825 (1998), on certification For Hobson: Keith A. Findley, John A. Pray, LAIP, UW Law School Holding: Wisconsin recognizes a common law privilege to forcibly resist an unlawful arrest (i.e., w/o made w/o probable cause); but having recognized that privilege, the court simultaneously abrogates it (albeit prospectively […]

State v. Prokopios G. Vassos, 218 Wis.2d 330, 579 N.W.2d 35 (1998), on certification For Vassos: Edmund C. Carns Holding: Successive prosecution for misdemeanor battery (§ 940.19(1)), following acquittal of felony battery (§ 940.19(3)) arising from same incident, wasn’t barred by double jeopardy. Successive prosecutions are barred under § 939.71 when the subsequent charge is the “same” offense under […]