State v. Jose Nieves-Gonzalez, 2001 WI App 90, 242 Wis. 2d 782, 625 N.W.2d 913 Issue: Whether the trial court incorrectly applied federal poverty guidelines in refusing to appoint counsel at county expense, after the defendant failed to qualify under public defender standards. Holding: Although federal poverty guidelines are not necessarily conclusive, they should be… Read more
Published 2001
State v. John F. Giminski, 2001 WI App 211, PFR filed 9/20/01 For Giminski: Edward J. Hunt Issue: Whether the defendant was entitled to invoke the privilege of defense of others, § 939.48(4), in using potentially deadly force against police officers who had pulled a gun on his daughter while executing a valid warrant. Holding… Read more
State v. Ronald G. Sorenson, 2001 WI App 251, PFR filed For Sorenson: T. Christopher Kelly Issue1: Whether issue preclusion (collateral estoppel) may be used “offensively” by the state in a Ch. 980 trial to bar a respondent from presenting evidence that s/he didn’t commit the offense which underlies the qualifying conviction. Holding: ¶28 Accordingly, we… Read more
State v. Philip M. Canon, 2001 WI 11, 241 Wis. 2d 164, 622 N.W.2d 270, reversing State v. Canon, 230 Wis. 2d 512, 602 N.W.2d 316 (Ct. App. 1999) For Canon: Alan D. Eisenberg ¶1 The question presented in this case is whether the doctrine of issue preclusion bars the State from prosecuting a defendant under… Read more
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether a verdict of acquittal in the defendant’s prior trial estopped the prosecution from retrying the ultimate fact resolved by that acquittal. Holding: ¶7 ‘Under the collateral estoppel doctrine an issue of ultimate fact… Read more
State v. Paul J. VanLaarhoven, 2001 WI App 275 For VanLaarhoven: Michele Anne Tjader Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant. Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical… 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
State v. William K. Nord, 2001 WI App 48, 241 Wis. 2d 387, 625 N.W.2d 302 For Nord: Timothy J. O’Brien Issue: Whether the implied consent statute, § 343.305(4) violates due process by providing misleading information regarding the consequences for taking or refusing the test. Holding: The warning that the motorist “will be subject to other penalties”… Read more
