State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶8 n. 4: The State moves to strike Williams’ appendix to his brief. It asserts that the inclusion of excerpts from the BNA Criminal Practice Guide and copies of articles pertaining to drug analysis and crime… Read more
C. Briefs/Appendices
State v. Dale H. Chu, 2002 WI App 98 For Chu: Andrew Shaw, Rex R. Anderegg Issue/Holding: ¶41. In his reply brief, Chu offers no response to the State’s argument concerning information about Wales. Unrefuted arguments are deemed admitted. See Charolais Breeding Ranches v. FPC Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493… Read more
State v. Jerry L. Parker, 2002 WI App 159, PFR filed 5/20/02 For Parker: William Christopher Rose Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial… Read more
State v. Jonathan J. English-Lancaster, 2002 WI App 74, PFR filed 3/22/02 For English-Lancaster: Steven D. Phillips, SPD, Madison Appellate Issue: Whether defendant waived an objection to the violation of an in limine order, by waiting until a recess to enter an objection. Holding: ¶17. When the State violated the stipulation and the court’s order… Read more
State v. Jimmie Davison, 2002 WI App 109, reversed on other grounds, 2003 WI 89 For Davison: Keith A. Findley, UW Law School Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.The supreme court subsequently stated: “Because Davison’s multiplicity objection fails on the merits, we need not and do not decide whether, by… Read more
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: ¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was violating… Read more
State v. Douglas J. Lasky, 2002 WI App 126, PFR filed 5/16/02 For Lasky: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Claim of “statutory double jeopardy,” § 939.71, not barred by guilty plea waiver rule; court therefore may consider merits of whether elements of federal bank robbery conviction are the same, and therefore preclude prosecution of… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state… Read more
