State v. Jimmie Davison, 2002 WI App 109, overruled on other grounds, 2003 WI 89, ¶111 For Davison: Keith A. Findley, UW Law School Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13… Read more
D. Waiver of issues/arguments
State v. Ronald J. Frank, 2002 WI App 31, PFR filed 1/2/02 For Frank: Jane K. Smith Issue: Whether defendant waived review of objection to admissibility of misconduct evidence by entering into a “Wallerman” stipulation. Holding: A stipulation under State v. Wallerman, 203 Wis. 2d 158, 552 N.W.2d 128 (Ct. App. 1996) (an element is… Read more
State v. Jeremy J. Hanson, 2001 WI 70, 244 Wis. 2d 405, 628 N.W.2d 759, reversing unpublished decision of court of appeals For Hanson: James B. Connell Issue: Whether a guilty or no contest plea waives the right to challenge the defendant’s status as an habitual traffic offender, and the right to challenge the HTO… Read more
State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals For Oakley: Timothy T. Kay Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement… Read more
State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether multiplicity claims were waived due to lack of objection until after trial. Holding: Although it isn’t necessary to raise a multiplicity challenge before trial, waiver attaches if “also omitted prior to the time the case… Read more
State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64For Noble: Jeff P. Brinckman Issue: Whether failure to cite relevant authority in support of appellate argument establishes waiver. Holding: ¶11 … But Noble cites no authority requiring a tape recording, a transcript, or a signed statement to… Read more
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grds., 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 For Leitner: Jim Scott Issue: Whether the defendant waived his right to object to trial court reliance on certain information by failing to lodge a contemporaneous objection. Holding: ¶41 … When the prosecutor subsequently argued… Read more
State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, affirmed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the defendant waived objection to the sentencing court’s reliance on information sealed from the defendant’s inspection. Holding: ¶42 We accept the State’s waiver argument. First, just because the… Read more
