State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts. Holding: ¶59 There is another reason Koller’s second multiplicity challenge fails. This second claim is directed primarily at the relationship between Count 4… Read more
Published 2001
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether a psychologist must be licensed in Wisconsin to provide expert opinion in a Ch. 980 proceeding. Holding: No: “the standard for determining the admissibility of expert testimony in this case is the general one… Read more
State v. Keith Alan VanBronkhorst, 2001 WI App 190 For VanBronkhorst: Jack E. Schairer, SPD, Madison Appellate Issue: Whether revocation of supervised release from a ch. 980 commitment was properly based on an uncharged rule violation. Holding: ¶9 … “(P)rocedural due process protections afforded in probation or parole revocation proceedings apply to supervised release revocation… Read more
State v. Glenn Allen Thayer, 2001 WI App 51, 241 Wis. 2d 417, 626 N.W.2d 811 For Thayer: Jane K. Smith Issue: Whether the commitment subject has a right to present an independent medical report at a petition for discharge probable cause hearing, § 980.09(2)(a). Holding: Although a Ch. 980 patient does have the right… Read more
State v. Michael A. Sisk, 2001 WI App 182 For Sisk: Elvis Banks Issue: Whether the police had reasonable suspicion to stop, based on information from a 911 call made from a payphone by an informant who provided nothing other than a name by way of identifying himself. Holding: ¶8. Here, because the caller gave what… Read more
State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01 For Wodenjak: Rex Anderegg Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test. Holding: As long as the standard for warrantless blood draw established… Read more
