On Point

State v. Gary Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998) For Curtis: Arthur B. Nathan Issue/Holding: Next, Curtis claims that the tapes admitted into evidence at trial were not properly authenticated. At trial, Poivey, a party to the conversations on the tapes, testified that the voices on the tapes were his […]

State v. Reuven Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998) For Seibert: Jane Krueger Smith Issue/Holding: “(W)hether the proceeding is one under the initial ch. 980 commitment or a later petition for supervised release under § 980.08, there is no constitutional or statutory requirement that the State prove the person is […]

State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Issue/Holding: Entry into defendant’s bedroom was preceded by a concededly illegal entry into defendant’s living area, in basement of house. The court holds that any taint was dissipated by the time consent was given, […]

State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing State v. Phillips, 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Holding: Consent to search is question of constitutional (as opposed to historical) fact, and therefore subject to independent review on appeal. Defendant consented to warrantless search of bedroom: agents went to […]

State v. Carlos Delgado, 223 Wis.2d 270, 588 N.W.2d 1 (1999), reversing State v. Delgado, 215 Wis.2d 16, 572 N.W.2d 479 (Ct. App. 1997) For Delgado: Joseph E. Schubert Issue/Holding: The supreme court reverses Delgado’s child sexual assault convictions, because a juror’s misleading responses during voir dire indicate her inferred bias against Delgado. During voir dire, the juror […]

State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997) For Kiekhefer: Linda Hornik Issue/Holding: In determining whether a statement (confession) was voluntary, courts must independently examine the record and apply the totality of circumstances test. See Arizona v. Fulminante, 499 U.S. 279, 286-87 (1991). “In examining all the surrounding circumstances to […]

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Requiring any defendant to demonstrate that the marital relationship actually influenced the writer’s impressions and recommendations would present an insurmountable hurdle to any defendant attempting to challenge a PSI. The reasons […]

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Our supreme court has acknowledged the importance of the PSI to the sentencing process. See State v. McQuay, 154 Wis.2d 116, 130-31, 452 N.W.2d 377, 383 (1990). The integrity of the sentencing […]

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Suchocki claims that his due process right to a fair sentencing hearing was violated. Accordingly, he must demonstrate both bias in the PSI writer and that the sentencing process was prejudiced […]

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: The use of a PSI is a matter within the court’s discretion. The court has discretion to order a PSI and to determine the extent to which it will rely upon […]