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
4. Specific issues
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
State v. Eric W. Raye, 2005 WI 68, reversing unpublished decision of court of appeals For Raye: Brian C. Hough Issue: Whether the defendant failed to lodge contemporaneous objection (which would have waived appellate challenge) to a non-unanimous verdict revealed during jury polling when a juror indicated he did not in fact subscribe to the… Read more
State v. Mahlik D. Ellington, 2005 WI App 243 For Ellington: Andrea Taylor Cornwall Issue/Holding: An objection on relevancy grounds does not preserve a confrontation-based argument, ¶14. … Read more
State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee Trial Issue: Whether challenge to an earlier change-of-placement delinquency order, as a means of challenging the jurisdictional basis for the current ch. 980 commitment petition, comes too late to be entertained. Holding: ¶8 The… Read more
