Published 2002

State v. Scott G. Zuniga, 2002 WI App 233, PFR filed 9/13/02 For Zuniga: Chad G. Kerkman Issue/Holding: Because the defendant was warned by the judge at a bond-release hearing that if he engaged in misconduct the state would seek a longer sentence, “the parties effectively modified the plea agreement by making the State’s obligation conditional upon… Read more

State v. Paul Delao Quiroz, 2002 WI App 52 For Quiroz: Chad G. Kerkman Issue:Whether defendant was entitled to withdraw his plea on the basis that he was unaware of the three-year presumptive minimum sentence on the weapon enhancer. Holding: ¶25 Both the complaint and the information contained the dangerous weapon enhancer and set forth… Read more

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Holding: A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after the… Read more

State v. Troy D. Moore, 2002 WI App 245 For Moore: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Extrinsic evidence offered by the state solely to bolster a witness’s credibility, by showing that he had provided reliable information leading to the arrests of other drug dealers, violated § 906.08(2). ¶15. (Note: the court holds open the question… Read more

State v. Carlos R. Delgado, 2002 WI App 38 For Delgado: Richard D. Martin, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶8. After reviewing these cases, we can discern some general rules: (1) an expert witness can offer opinion testimony only if it complies with Wis. Stat. § 907.02; (2) the testimony can include opinions… Read more

State v. Gary L. Gordon, 2002 WI App 53, affirmed, 2003 WI 69 For Gordon: Steven P. Weiss, SPD, Madison Appellate Issue: Whether proof-of-service documents, introduced to show defendant’s knowledge of a domestic violence injunction, violated the hearsay rule. Holding: ¶43. … However, these documents were not made under oath or attested to in any… Read more

State v. Shelleen B. Joyner, 2002 WI App 250, PFR filed 10/24/02 For Joyner: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶18. Shelleen Joyner argues that Trudy Joyner’s statement is against her penal interest, however, because Trudy Joyner admitted that she “knowingly helped a robber escape.” We disagree. “[W]hen ruling upon a narrative’s admissibility …… Read more