State v. Michael Johnson, 2001 WI App 105 For Johnson: David R. Karpe Issue: Whether defendant’s partially successful trial strategy of defending against two counts of possession of intent to deliver of claiming personal use on one count and denial of any knowledge of the substance in the second count judicially estopped him from arguing on… Read more
D. Waiver of issues/arguments
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether Ramirez’s guilty plea waived an ex post facto challenge to the charged offense. Holding: ¶4 n. 4: We could invoke the guilty plea/waiver rule against Ramirez since he pled guilty to the charge after the trial court… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1 For Williams: John A. Pray Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain. Holding: ¶13: (T)he trial court recognized it as an objection and initially… Read more
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial. Holding: Although Davidson objected to… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents… Read more
(See also Appeals, Waiver; and Evidence, Objection) State v. Charles J. Benoit, 229 Wis.2d 630, 600 N.W.2d 193 (Ct. App. 1999). For Benoit: Meredith J. Ross, LAIP. Holding: “(A) defendant who makes a motion in limine preserves the right to appeal the issue raised by the motion without renewing the motion at trial,” but only… Read more
State v. Lucian Agnello, 226 Wis.2d 164, 593 N.W.2d 427 (1999), reversing unpublished decision For Agnello: Jerome F. Buting & Pamela Moorshead, Buting & Williams Issue/Holding: On a motion to suppress statement, counsel’s bare relevancy objection to an inquiry into the statement’s truthfulness is held sufficient to preserve a Rogers v. Richmond/Jackson v. Denno objection… Read more
