State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a good-faith exception to Miranda should be recognized. Holding: The court of appeals doesn’t have authority to articulate a good-faith exception to Miranda: “(It) is not the proper role of this court to create… Read more
Published 2000
State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether a statement made while hospitalized should have been suppressed, as the product of a lengthy detention for the purpose of interrogation. Holding: ¶46 When a… Read more
State v. George W. Hindsley, 2000 WI App 130, 237 Wis. 2d 358, 614 N.W.2d 48 For Hindsley: James B. Connell Issue: Whether a statement is involuntary, even in the absence of police coercion, simply because the Miranda warnings aren’t effectively communicated. Holding: A suspect’s deafness doesn’t alter the test for voluntariness, “which was and… Read more
Mogged v. Mogged, 2000 WI App 39, 233 Wis. 2d 90, 607 N.W.2d 662 Issue/Holding: Brief adopting “vituperative tone” and making misleading, unsupported arguments violates Rules of Professional Conduct and is stricken. ¶¶21-24. (Note that the court cites 7th Circuit caselaw, ¶22, suggesting that decisions from that body are very pertinent.) Appellate briefs containing personal… Read more
Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144 For Appellant: James L. Boardman; Chris R. Velnetske Issue: Whether the court of appeals acquires jurisdiction over a CHIPS appeal commenced by notice of appeal without prior notice of intent to pursue relief. Holding: ¶4: In CHIPS cases… Read more
State v. Romero D. Wilson, 2000 WI App 114, 235 Wis.2d 177, 612 N.W.2d 368 For Wilson: Steven P. Weiss, SPD, Madison Appellate Issue: Whether an order dismissing a complaint, on refusal to bind over at preliminary hearing, is final and therefore appealable by the state. Holding: An order dismissing a complaint is a final… Read more
State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erroneously refused to accept an “Alford” plea under its express policy of never accepting one. Holding: ¶8 Even if we were to determine that the trial court… Read more
State ex rel. Larry E. Olson v. Litscher, 2000 WI App 61, 233 Wis. 2d 685, 608 N.W.2d 425 For Olson: Dennis Egre, SPD, Kenosha Issue: Whether this case is moot, where the challenge is to the authorities’ failure to parole a prisoner at his mandatory release date, but he was released during the pendency… Read more
