State v. Dennis R. Fosnow, 2001 WI App 2, 240 Wis. 2d 699, 624 N.W.2d 883 For Fosnow: David D. Cook Issue: Whether a postconviction diagnosis supporting an NGI defense amounted to newly discovered evidence, where the defendant had pled no contest after receiving unfavorable NGI evaluations. Holding: The new diagnosis was merely a new appreciation of… Read more
Published 2001
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the… Read more
State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the… Read more
State v. Mohammed A. Nonahal, 2001 WI App 39 For Nonahal: David R. Karpe Issue: Whether the defendant waived a claimed violation of the Interstate Agreement on Detainers’ anti-shuttling provision, by requesting to be sent back to the sending jurisdiction before trial. Holding: ¶8; … we conclude that rights granted under the anti-shuttling provision of… Read more
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01 For Ramirez: Elizabeth A. Cavendish-Sosinski Issue: Whether Ramirez’s guilty plea waived an ex post facto challenge to the charged offense. Holding: ¶4 n. 4: We could invoke the guilty plea/waiver rule against Ramirez since he pled guilty to the charge after the trial court… Read more
Self-Defense – “McMorris” Acts of Prior Violence by Victim – Procedure on Determining Admisssibility
State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244 Issue: Whether the prosecutor breached a plea bargain calling for a maximum recommendation on multiple counts of concurrent terms of 25 years in prison, when the actual recommendation was for a total of 25 years but included consecutive terms. Holding: ¶18 Undoubtedly, one… Read more
