State v. William A. Rouse, 2002 WI App 107, PFR filed 5/8/02 For Rouse: Morris D. Berman Issue/Holding: Time spent by a bank’s salaried employees investigating the crime (forgery) is subject to restitution because, while the bank’s employees were investigating Rouse’s forgeries, they were prevented from doing other work for the bank, and thus the bank… Read more
Published 2002
State v. Timothy J. Helm, 2002 WI App 154, PFR filed 6/11/02 Issue: Whether resentencing, to correct an illegal sentence, violated double jeopardy because it resulted in an increase in the original sentence. Holding: On sentence after revocation, the trial court reimposed probation on one of the counts; this was an unauthorized disposition which the trial court properly… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: ¶39 n. 1: Groth was sentenced on all three counts at the same hearing and, therefore, the court’s determination of his sentence on any of the counts may well have affected its determination… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state concedes… Read more
Dodge County v. Ryan E.M., 2002 WI App 71 For Ryan E.M.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the 72-hour deadline, necessary for the court’s competency over the ch. 51 commitment proceeding, is measured from the subject’s time of detention. (“¶4. The issue in this case is whether the method of computing time set… Read more
Kindcare, Inc. v. Judith G., 2002 WI App 36 Issue/Holding: ¶3 The issue presented by this appeal is whether the circuit court loses competence to adjudicate a person’s need for protective placement if the probable-cause hearing is not held within seventy-two hours after the person was taken into custody, or whether, as the trial court… Read more
Knight and Knight v. Milwaukee Co., 2002 WI App 194 Issue/Holding: A trial court lacks competency to enter orders with respect to an alleged incompetent, unless the g.a.l. certifies the specific reasons the person can’t attend, pursuant to § 880.08(1)… Read more
State v. George Schertz, 2002 WI App 289 For Schertz: Barbara A. Cadwell Issue/Holding: The provision in § 971.17(3)(e) for hearing within 30 days a petition for revocation of NGI conditional release is directory, not mandatory. ¶¶7-14… Read more
