State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment. Holding: “(T)he legislature clearly intended to include, within the definition… Read more
Published 2000
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 evidence was sufficient to support a finding that the 980 subject suffered from a qualifying mental disorder, given that the experts split on the issue. Holding: ¶15 Pletz argues that the two psychologists… Read more
State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163 For Pharm: Jack E. Schairer Issue: Whether Pharm waived objection to the prosecutor’s authorization to file a Ch. 980 petition. Holding: Pharm’s failure to object to the prosecutor’s filing the petition without going through the Department of Justice under… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether a person adjudicated incompetent may waive her attorney’s conflict of interest. Holding: Because the client’s understanding of the attorney’s potentially divided loyalty is a necessary component of waiver of a conflict, and because no claim is made that the circuit… Read more
Guerrero v. Cavey, 2000 WI App 203, 238 Wis.2d 449, 617 N.W.2d 849 Issue: Whether an attorney’s dual representation of the subject of a guardianship and her son worked a conflict of interest. Holding: The two clients had competing interests, including the son’s desire to buy his mother’s house at below market value, and the… Read more
State v. David Kalk, 2000 WI App 62, 234 Wis. 2d 98, 608 N.W.2d 428 For Kalk: John A. Pray, UW Law School Issue: Whether the defendant satisfied his burden of showing an actual conflict of interest stemming from his prior representation by the prosecutor on an unrelated charge. Holding: Given the trial court’s findings… Read more
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether defendant’s first counsel was ineffective for failing to file formal discovery demand and investigate various matters. Holding: Because counsel withdrew before the prelim, and because there is no right to discovery before prelim, counsel… Read more
State v. Theodore Oswald, 2000 WI App. 2, 232 Wis.2d 62, 606 N.W.2d 207 For Oswald: Jerome F. Buting, Kathleen B. Stilling Issue: Whether counsel was ineffective for rejecting an NGI defense, where two defense experts rejected the defense but after trial one acknowledged that he misunderstood the correct test and that his opinion was… Read more
