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 judicial appointment of counsel in a CHIPS case necessarily terminates after disposition, or may be continued for appeal. Holding: Judicial appointment of counsel in a CHIPS case doesn’t… Read more
Published 2000
State v. Samuel Terry, 2000 WI App 250, 239 Wis. 2d 519, 620 N.W.2d 217 For Terry: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶1 … Terry argues that, under the doctrine of issue preclusion, the State was precluded from criminally prosecuting him for possession of cocaine with intent to deliver because the Administrative Law… Read more
State v. David J. Cleveland, 2000 WI App 142, 237 Wis. 2d 558, 614 N.W.2d 543 For Cleveland: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether multiple sexual assault counts arising during a single incident violated double jeopardy. Holding: Though the offenses weren’t separated in time, each required separate volitional acts and were therefore significantly… Read more
State v. Rovaugn Hill, 2000 WI App 259, 240 Wis.2d 1, 622 N.W.2d 34 For Hill: Gerald P. Boyle Issue: Whether reprosecution should be barred on double jeopardy grounds, because prosecutorial overreaching had caused a mistrial. Holding: “[D]ouble jeopardy bars a retrial when the defendant has successfully moved for a mistrial, if the prosecutor acted… 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: Whether the repeater-qualifying convictions were inadequately proved merely because they weren’t made part of the appellate record. Holding: “Even if the trial court did not include these documents in the appellate record, the documents’… Read more
State v. Guy R. Willett, 2000 WI App 212, 238 Wis.2d 621, 618 N.W.2d 881 For Willett: Susan E. Alesia, SPD, Madison Appellate Issue: Whether the trial court had authority to change its sentences from concurrent to consecutive to a separately imposed sentence, four months later, after concluding that its sentencing was based on an… Read more
State v. Frank James Burt, 2000 WI App 126, 237 Wis. 2d 610, 614 N.W.2d 42 For Burt: Michael P. Jakus Issue: Whether the trial court violated double jeopardy by amending sentence the same day of imposition, before judgment of conviction had been entered, after realizing it had mistakenly said “concurrent” instead of “consecutive.” Holding… Read more
State v. Calvin E. Gibson, 2000 WI App 207, 238 Wis.2d 547, 618 N.W.2d 248 For Gibson: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶1. The question presented is whether the habitual criminality enhancer may be applied to a conviction for a second offense felony of firearm possession. Calvin E. Gibson, who was convicted of… Read more
