State v. John W. Page, 2000 WI App 267, 240 Wis.2d 276, 622 N.W.2d 285 For Page: William E. Schmaal, SPD, Madison Appellate Issue: Whether possession of dangerous weapon enhancer, § 939.63, requires actual use or threat to use the weapon while committing the enhanced offense. Holding: Under the correct reading of [State v.] Peete [,185 Wis. 2d… Read more
Published 2000
State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198 For Crider: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must… Read more
State v. Jeff S. Mohr, 2000 WI App 111, 235 Wis.2d 220, 613 N.W.2d 186 For Mohr: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the frisk of a passenger, some 25 minutes after a routine traffic stop, was supported by reasonable belief that the person was armed. Holding: The frisk was unlawful; because it “occurred… Read more
State v. James E. Cole, 2000 WI App 52, 233 Wis. 2d 577, 608 N.W.2d 432 Issue: Whether a sentence can be ordered to run “consecutive to revocation” when the defendant’s parole has not yet been revoked. Holding: A court has authority, under Wis. Stat. § 973.15(2)(a), to make the current sentence consecutive to a revocation… Read more
State v. David Carneal White, 2000 WI App 147, 237 Wis.2d 699, 615 N.W.2d 667 For White: Jeffrey A. Kingsley Issue: Whether a court has authority to stay a sentence until the defendant is released or discharged from an otherwise unrelated Ch. 980 commitment. Holding: The purposes of § 971.17 NGI and Ch. 980 SVP commitments being similar (¶¶8-9)… Read more
State v. Antonion Blanco, Nora M. Al-Shammari, 2000 WI App 119, 237 Wis.2d 395, 614 N.W.2d 512 For Blanco: Michael P. Jakus Issue: Whether an arrest warrant provided authority for the police to enter the residence of a third party and arrest the person named in the warrant. Holding: ¶10 An arrest warrant authorizes the… Read more
State v. Rayshun D. Eason, 2000 WI App 73, 234 Wis. 2d 396, 610 N.W.2d 208, affirmed in pertinent part, but reversed on other grounds, 2001 WI 98, ¶¶21-26 For Eason (in SCt): Suzanne Hagopian, SPD, Madison Appellate Issue: Whether the no-knock warrant was supported by reasonable suspicion that announcing police presence would create danger. Holding: The showing… Read more
State v. Kenneth M. Herrmann, 2000 WI App 38, 233 Wis. 2d 135, 608 N.W.2d 406 For Herrmann: Peter J. Morin Issue: Whether officers executing a search warrant for Landis’s apartment exceeded the scope of the warrant when they entered and searched Herrmann’s separate residential unit on the same floor. Holding: The officers neither knew nor… Read more
