State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11 court of appeals (1-judge, not for publication); pro se; case activity ¶6 The trial court determined that the complaint and the amended complaint were proper, stating, The complaint was duly sworn on oath. The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. §… Read more
3. Facts/record
Voluntariness – Statements to Probation Officer court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp. Sahs’ claim that his statements to his probation officer were given under compulsion is rejected, because the premise for the claim – a DOC form cautioning that he… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply Traffic Stop – U-Turn ¶8 As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway… Read more
State v. Ellen T. Straehler, 2008 WI App 14 For Straehler: Daniel P. Fay Issue/Holding: ¶2 n. 4: We appreciate the attorney general’s thorough recitation of the facts and draw freely from it. Both the district attorney and the attorney general submitted response briefs and we refer to their position collectively as the State’s. Straehler’s… Read more
Arents v. ANR Pipeline Co., 2005 WI App 61 Issue/Holding: ¶5 n. 2: Wisconsin Stat. Rule 809.19(1)(d) and (e) (2001-02) requires the parties to provide in their briefs separate sections for their “statement of facts relevant to the issues presented for review” and argument. In their appeal, the Landowners have, inappropriately, interspersed legal argument and… Read more
State v. Joseph P. DeFilippo, 2005 WI App 213 For DeFilippo: Leonard D. Kachinsky Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a… Read more
State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: ¶19 … Further, Provo has not made the transcript of the plea hearing a part of the record. Consequently, we must assume that the transcript of that hearing supports the trial court’s finding that Provo’s plea was… Read more
