State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: Failure to object to the wording of a limiting instruction (limiting jury’s use of certain evidence to impeachment rather than substantive evidence of guilt) waived the right to challenge its efficacy, ¶¶34-36. The court possesses discretionary authority… Read more
4. Specific issues
State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: ¶2 We are asked to decide whether an otherwise satisfactory guilty plea is sufficient to relinquish a double jeopardy/multiplicity challenge upon direct appeal. We conclude that a guilty plea relinquishes the right to assert a multiplicity… Read more
State v. Lionel N. Anderson, 2006 WI 77, reversing 2005 WI App 238 For Anderson: Harry R. Hertel Issue/Holding: ¶36 The parties agree with the court of appeals that the circuit court’s communications with the jury outside the presence of the defendant is error, violating the defendant’s constitutional and statutory right to be present. We… Read more
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Failure to move for mistrial waived any objection to the prosecutor’s closing argument, ¶60. Nor do the comments rise to the level of plain error necessary to overcome waiver: ¶61 The State points out that… Read more
State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding: Failure to raise a Crawford objection didn’t amount to waiver: “However, Searcy could not have raised at trial a Confrontation Clause claim based on Crawford v. Washington, 541 U.S. 36 (2004), because his December 2002 trial preceded the March 2004… Read more
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue: Whether a motion to disqualify a prosecutor because of representation of defendant in a prior case, brought immediately before jury selection, may be deemed waived on timeliness grounds. Holding: ¶24 We conclude the circuit court may, in the proper exercise of… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to move for mistrial waives objection to closing argument, ¶28, citing State v. Dale H. Davidson, 2000 WI 91, ¶86, 236 Wis… Read more
State v. Thomas H. Bush (III), 2005 WI 103, reversing in part and affirming on the merits, 2004 WI App 193 For Bush: Robert G. LeBell Issue/Holding: Although an “as applied” challenge to a statute may be waived, a facial challenge, in contradistinction, is not waivable, ¶17: ¶18 This rule is also entirely consistent with… Read more
