State v. Brian W. Sprang:, 2004 WI App 121 For Sprang: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶13 Before addressing Sprang’s claim of ineffective assistance of counsel, we must first address whether there was, in fact, a material and substantial breach of the plea agreement. State v. Naydihor, 2004 WI 43, ¶9, ___ Wis… Read more
4. Specific issues
State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04 For Jackson: Meredith J. Ross, LAIP, UW Law School Issue/Holding: ¶4 The State, relying on State v. Kohler, 2001 WI App 253, 248 Wis. 2d 259, 635 N.W.2d 838, argues that because Jackson did not raise a multiplicity challenge at trial, he has… Read more
State v. James S. Riedel, 2003 WI App 18, PFR filed 1/27/03 For Riedel: Ralph A. Kalal Issue/Holding: ¶8. At the outset, we reject the State’s threshold argument that Riedel is precluded from challenging the trial court’s suppression ruling based on Riedel’s conviction on the OWI charge and the dismissal of the PAC charge. The… Read more
State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: Where counsel had raised a pre-sentencing objection on ground of plea bargain breach to the use of a detective’s letter to the court asking for a sentence exceeding the bargained length, failure to raise further objection at sentencing… Read more
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by… Read more
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: ¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was violating… Read more
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/16/02 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Claim of “statutory double jeopardy,” § 939.71, not barred by guilty plea waiver rule; court therefore may consider merits of whether elements of federal bank robbery conviction are the same, and therefore preclude prosecution of… Read more
State v. Anthony J. Randle, 2002 WI App 116, PFR filed 4/2/02 For Randle: Paul G. Bonneson Issue: Whether a territorial jurisdiction objection (that none of the constitutent elements occurred in the state, § 939.03(1)) is waived by guilty plea to a lesser offense. Holding: ¶14 In this case, we need not decide whether a defendant… Read more
