State v. Joseph F. Rizzo, 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 824, reversed and remanded on other grounds, 2002 WI 20 For Rizzo: Franklyn M. Gimbel Issue: Whether admission of other acts evidence was an erroneous exercise of discretion. Holding: ¶5 … In a written decision, the trial court properly applied the Sullivan three-step analysis: The… Read more
Published 2001
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether a prior sexual assault of an adult was sufficiently similar to the charged sexual assault of a child to be admissible as other crimes evidence. Holding: ¶14. The next step is whether the 1992 conviction was relevant… Read more
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. Terrance W. Walther, 2001 WI App 23, 240 Wis. 2d 619, 623 N.W.2d 205 For Walther: Raymond M. Dall’Osto, Kathryn A. Keppel Issue: Whether the defendant’s motion for in camera inspection of the child sexual assault complainant’s confidential records should have been granted. Holding: ¶11 Here, Walther established more than the mere possibility that… Read more
State v. Earl Steele III, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether felon in possession of firearm may be the underlying felony to burglary (entry with intent to commit felony), § 943.10(1)(a), when the defendant-felon was already in possession of the firearm before entry… Read more
State v. Earl Steele, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595 For Steele: Timothy J. Gaskell Issue: Whether the colloquy on a guilty plea to burglary/intent-to-commit-felony must apprise the defendant of the specific felony. Holding: ¶8 The trial court chose to summarize WIS. STAT. § 943.10 during colloquy, in combination with questioning defense counsel. Steele contends that… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue:: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background. Holding: ¶33. We cannot conclude that the… Read more
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison is a collateral consequence of a guilty plea. Holding: ¶8. In addition, we agree with the State that transfer to an out-of-state prison is a collateral consequence of Parker’s plea of no contest…. ¶9. We have held that collateral… Read more
