On Point

State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) For Randall: Waring Fincke Issue/Holding: Randall proposed to ask the jury, “Is there any medical justification for the Petitioner’s continued confinement at the Winnebago Mental Health Institute or any other in-patient mental health facility?” The trial court, holding that the […]

State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) For Randall: Waring Fincke Issue/Holding: Evidence was sufficient to support the jury’s verdict that Randall not be released, based largely on the cicrcumstances of his crime.

Scott A. Magnuson, 220 Wis. 2d 468, 583 N.W.2d 843 (Ct. App. 1998) For Magnuson: T. Gregory Amann Issue/Holding: We conclude that Magnuson is judicially estopped from asserting that the two twelve-year concurrent sentences are excessive. Although Magnuson contends he did not agree to the recommended sentence, the record belies his claim. Magnuson’s probation officer […]

State v. Crystal L. Bizzle, 222 Wis. 2d 100, 585 N.W. 899 (Ct. App. 1998) For Bizzle: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Bizzle argues that the sentencing court erred in concluding that she required extensive rehabilitation. … First, her successful completion of an educational program, after sentencing, is not evidence that the court […]

State v. Pablo Cruz Santana, 220 Wis. 2d 674, 584 N.W.2d 151 (Ct. App. 1998) For Santana: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: In passing sentence, the trial court addressed each of the primary factors, but chiefly relied on the seriousness of the offense and its continuing impact on the victim. … Santana claims, […]

State v. Paul Matek, 223 Wis.2d 611, 589 N.W.2d 441 (Ct. App. 1998) For Matek: Russell Bohach Holding: Evidence to support ch. 980 SVP verdict sustained: the diagnosis took into account Matek’s refusal to participate in treatment, and therefore the verdict “was not based solely on his prior bad acts.”

State v. Ronald J. Zanelli (II), 223 Wis.2d 545, 589 N.W.2d 687 (Ct. App. 1998) For Zanelli: Jane K. Smith. Holding: Second time’s not the charm for Zanelli, who won his 1st appeal, State v. Zanelli (I), 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997). On this subsequent appeal, the court holds the […]

State v. Lettice (II), 221 Wis. 2d 69, 585 N.W.2d 171 (Ct. App. 1998) (prior history: State v. John A. Lettice (I), 205 Wis. 2d 347, 556 N.W.2d 376 (Ct. App. 1996); subsequent history: BAPR v. Steven M. Lucareli, 2000 WI 55) For Lettice: John Allan Pray, UW Law School Issue/Holding: We conclude that (1) Lettice is […]

State v. Frank Miles, 221 Wis. 2d 56, 584 N.W.2d 703 (Ct. App. 1998) For Miles: Craig W. Albee Issue/Holding: Prior drug conviction is not element of crime of second or subsequent drug offense, § 161.48(2) (1993-94), which elevates what would otherwise be misdemeanor to felony possession: Miles fails to recognize the distinction between the two […]

Debra L. Van Riper, 222 Wis. 2d 197, 586 N.W.2d 198 (Ct. App. 1998) For Van Riper: Megan L. DeVore Issue/Holding: Because day care centers provide recreational and social services activities for children, they are a subset of “youth centers” and come within the definition of places listed in § 961.49(2), Stats. The protection of […]