State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue/Holding: “We do not consider an argument mentioned only in a footnote to be adequately raised or preserved for appellate review,” ¶6 n.4. Interesting that the holding itself happens to be contained in a footnote… Read more
Published 2000
State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147 For Canady: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him. Holding: Because the damage was… Read more
State v. Brian C. Wegner, 2000 WI App 231, 239 Wis.2d 96, 619 N.W.2d 289 For Wegner: Scott A. Szabrowicz Issue: Whether the sentencing court erroneously exercised discretion, in sentencing after revocation, by failing to consider primary sentencing factors. Holding: ¶9 We conclude that when the same judge presides at the sentencing after revocation and… Read more
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 the trial court improperly precluded Oswald from raising an NGI plea. Holding: ¶ 49. The decision whether to grant a defendant’s motion to change his or her plea from “not… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether the state’s pretrial failure to disclose that its witness used the RRASOR screening instrument to evaluate Pletz violated his discovery rights. Holding: Pletz waived any discovery objection by not promptly objecting, given that he… Read more
Edwin C. West v. Macht, 2000 WI App 134, 237 Wis. 2d 265, 614 N.W.2d 34 Issue: Whether living unit reassignment of a Ch. 980 subject was made in retaliation for his exercise of his constitutional right to petition on grievances. Holding: A commitment subject has a protected interest against being punished for exercising first… Read more
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue/Holding: Level of community support” enjoyed by the defendant not a new factor justifying sentence reduction… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether letters from DSM-IV committee members, regarding the impact of an assault on a diagnosis of pedophilia, were properly admitted. Holding: A basis for an expert opinion, otherwise hearsay, is admissible if of “a type… Read more
