State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC; State Resp.; Reply (Sentencing issue in the case discussed separately, here.) Plea Bargain – Breach The plea agreement required the prosecutor to recommend a 20-year sentence, comprised of 5-7 years’ confinement and the balance on extended supervision… Read more
4. Specific issues
State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10 court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement… Read more
court of appeals decision; for Duckett: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Guilty Pleas – Breach – Lack of Contemporaneous Objection Failure to object contemporaneously forfeits right of review of subsequently-asserted plea bargain breach. The issue therefore is reviewable only “in the context of a claim for ineffective assistance of… Read more
State v. Christopher F. Becker, 2009 WI App 59, PFR filed 5/8/09 For Becker: Jeremy C. Perri, SPD, Milwaukee Appellate Issue/Holding: By failing to object, defendant waived right to challenge judicial response to deliberating jury’s question, notwithstanding conceded unanimity problems in the response: ¶15 Nevertheless, we must agree with the State and hold that Becker… Read more
State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268 For Ndina: Richard L. Kaiser Issue/Holding: (Generally:) ¶29 Although cases sometimes use the words “forfeiture” and “waiver” interchangeably, the two words embody very different legal concepts. “Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the… Read more
State v. Benjamin D. Tarrant, 2009 WI App 121 For Tarrant: Susan E. Alesia, SPD, Madison Appellate Issue/Holding: ¶6 Waiver. Before addressing the merits, the State argues that Tarrant’s no contest plea constitutes a waiver of all nonjurisdictional defects and defenses. State v. Multaler, 2002 WI 35, ¶54, 252 Wis. 2d 54, 643 N.W.2d… Read more
State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶7 Forfeiture is a rule of judicial administration, and whether we apply the rule is a matter addressed to our discretion. [3] See Ford Motor Co. v. Lyons, 137 Wis. 2d 397, 417, 405 N.W.2d 354 (Ct… Read more
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: Closing argument remarks addressed to Doss’s failure to explain missing funds did not amount to a comment on her failure to testify: ¶81 … [F]or a prosecutor’s comment to constitute an improper reference to a defendant’s… Read more
