State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64For Noble: Jeff P. Brinckman Issue: Whether failure to cite relevant authority in support of appellate argument establishes waiver. Holding: ¶11 … But Noble cites no authority requiring a tape recording, a transcript, or a signed statement to… Read more
Published 2001
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals. Holding: ¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could… Read more
State v. William Nielsen, 2001 WI App 192, PFR filed For Nielsen: Waring R. Fincke Issue/Holding: ¶20. Our review of a claimed discovery violation under Wis. Stat. § 971.23 is subject to a harmless error analysis. See State v. Koopmans, 202 Wis. 2d 385, 396, 550 N.W.2d 715 (Ct. App. 1996). The test of harmless… Read more
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grds., 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 For Leitner: Jim Scott Issue: Whether the defendant waived his right to object to trial court reliance on certain information by failing to lodge a contemporaneous objection. Holding: ¶41 … When the prosecutor subsequently argued… Read more
State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, affirmed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the defendant waived objection to the sentencing court’s reliance on information sealed from the defendant’s inspection. Holding: ¶42 We accept the State’s waiver argument. First, just because the… Read more
State v. Michael W. Carlson, 2001 WI App 296 For Carlson: Steven L. Miller Issue/Holding: Erroneous impaneling of a juror who, because he could not understand English, should not have been seated, wasn’t harmless beyond a reasonable doubt. ¶46. The harmless error rule adopted last term by this court in State v. Harvey, 2002 WI… Read more
County of Milwaukee v. Edward S., 2001 WI App 169, PFR filed For Edward S.: Richard D. Martin, SPD, Madison Appellate Issue: Whether the 14-day deadline set by § 51.20(7)(c) for final hearing is extendible when delay is caused by the respondent’s own action. Holding: The otherwise mandatory deadline for final commitment hearing is waivable when the… Read more
State v. Thomas Wenk, 2001 WI App 268, PFR filed 10/31/01 For Wenk: Michael K. Gould, SPD, Milwaukee Appellate Issue: Whether trial court denial of a petition for conditional release from an NGI commitment was an erroneous exercise of discretion. Holding: Although the state expressed doubt that it had met its burden of proof, the trial… Read more
