On Point

Malvern Sullivan v. Waukesha County, 218 Wis.2d 458, 578 N.W.2d 596 (1998), on certification
For Sullivan: William A. Denny

Holding: A DOT training pamphlet, explaining physical and mental impairment as the level of alcohol concentration increases, is held admissible under the sec. 908.03(8) (public records and reports) exception to the hearsay rule. The court stresses that the pamphlet’s data “are factual and were made pursuant to the department’s duty to administer and enforce the laws….”

State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997)
For Eugenio: Eduardo M. Borda

Issue: Whether the defense engaged in attacks on the complainant’s character for truthfulness so as to open the door to opinion testimony that she was truthful.

Holding: § 906.08 supports rehabilitation of a witness “only in limited situations,”

State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997)
For Eugenio: Eduardo M. Borda

Issue: Whether the state was properly allowed to admit into evidence, under the rule of completeness, certain oral “challenged statements in their entirety, to show consistency on significant factual issues,”

State v. Richard Dodson, 219 Wis.2d 65, 580 N.W.2d 181 (1998), unpublished decision below
For Dodson: Michael J. Backes

Issue: Whether an offer of proof must be in question-and-answer form.

Holding:

¶15 The court in Milenkovich did not say, and we do not say now, that every offer of proof should be accompanied by a question and answer format. There are cases in which the evidentiary problem posed is easily resolved by statements of counsel.

State v. Ronald A. Hansford, 219 Wis.2d 226, 580 N.W.2d 171 (1998), on certification
For Hansford: Suzanne Hagopian, SPD, Madison Appellate

Issue: Whether a bail jumping conviction may be sustained where based solely on commission of a new crime while out on bond, and the new crime is reversed on appeal

Holding: In such a situation, the evidence is insufficient as a matter of law.

In re Paternity of Roberta Jo W.: Roberta Jo W. v. Leroy W., 218 Wis.2d 225, 578 N.W.2d 185 (1998), on certification.

Holding:

The second issue is whether the circuit court erred in terminating court-appointed counsel upon the filing of a notice of appeal. We hold that after a notice of appeal was filed, the case was within the jurisdiction of the court of appeals,

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998)
For Gruen: Scott F. Anderson

Issue/Holding:

… (W)hether or not Gruen was being detained pursuant to a Terry stop, or had been arrested for Fourth Amendment purposes, is not the determinative consideration. The only important inquiry is whether, for Fifth amendment purposes, he was “in custody.” To determine whether a person is in custody for Fifth amendment purposes:…

State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998)
For Jones: Michael S. Holzman

Issue/Holding:

The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to the time the jury is sworn. If the objection is not made until after that time,

State v. Vance Ferron, 219 Wis.2d 481, 579 N.W.2d 654 (1998), affirming, as modified, 214 Wis. 2d 268, 570 N.W.2d 883 (Ct. App. 1997)
For Ferron: Jane Krueger Smith

Issue: Whether a prospective juror’s equivocations during voir dire required that he be struck for cause.

Holding: The trial court erred in refusing to strike for cause a potential juror who acknowledged only that he “probably” could set aside his opinion that a truly innocent defendant would testify.

State v. Spriggie Hensley, Jr., 221 Wis. 2d 473, 585 N.W.2d 683 (Ct. App. 1998)
For Hensley: Pro se

Issue/Holding: The rule that a defendant’s representation by the same attorney at trial and on direct appeal constitutes a “sufficient reason” for not asserting ineffective assistance of counsel in the direct appeal survives State v. Escalona-Naranjo, 185 Wis.2d 168, 517 N.W.2d 157 (1994).