State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: ¶33. Here, as he did before the circuit court, Matson seeks not to withdraw his plea, which is one remedy for a breach of a plea agreement. Santobello v. New York, 404 U.S. 257, 263 (1971). Matson instead… Read more
Published 2003
State v. Hank J. Merten, 2003 WI App 171 For Merten: Dana W. Duncan Issue/Holding: ¶8. Accordingly, the resolution of this appeal requires us to determine whether the effect of 42 U.S.C. § 1320a-7(a)(4), which excludes individuals convicted of a felony related to a controlled substance from participating in federal health care programs, is a… Read more
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: ¶44. The State charged Gundy as an accomplice to Ross’s criminal activity. Gundy was arrested in Maryland, and brought back to Milwaukee where he was held in custody. Ross contends that pursuant to a plea agreement, Gundy was released… Read more
State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: ¶24. Wisconsin Stat. § 906.09 permits the admission of prior convictions for impeachment purposes. (See text of statute at ¶9.) The statute reflects the presumption that “a person who has been convicted of a crime is less likely… Read more
State v. Andre Bolden, 2003 WI App 155, PFR filed 7/2/03 For Bolden: Mark S. Rosen Issue/Holding: A defendant may be asked whether another witness offering contradicting testimony “is lying,” ¶11. The seminal case is State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984): one witness may not give an opinion as to whether… Read more
State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: “(N)o witness may testify as an expert on issues of domestic law; ‘the only “expert” on domestic law is the court.’… Read more
State v. Joseph F. Rizzo II, 2003 WI App 236, PFR filed 11/13/03, on appeal after remand of State v. Rizzo I, 2002 WI 20 For Rizzo: Kathryn A. Keppel, Raymond M. Dall’osto Issue: Whether Rizzo is entitled to a psychological examination of the sexual assault complainant pursuant to State v. Maday, 179 Wis. 2d… Read more
State v. Steven G. Walters, 2003 WI App 24, reversed on other grds., 2004 WI 18 For Walters: Jenelle L. Glasbrenner, David A. Danz Issue/Holding: ¶28. Again, the admissibility of expert testimony is committed to the discretion of the trial court. Friedrich, 135 Wis. 2d at 15. At the offer of proof hearing, Walters’s proposed… Read more
