State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: ¶11. As Gary correctly notes, however, we are not bound by the Ohler decision because the Supreme Court’s holding did not rest on an interpretation of U.S. Constitutional or other “federal law” that we must apply in this case. Rather… Read more
Published 2003
State v. Steven G. Walters, 2003 WI App 24, reversed on other grounds, 2004 WI 18 For Walters: Jenelle L. Glasbrenner, David A. Danz Issue/Holding: ¶25. We cannot ignore the arguments offered by the State at the trial court level at both the motion to exclude before Judge Race and the motion for reconsideration before Judge Carlson… Read more
State v. Oscar A. Rash, 2003 WI App 32, PFR filed 2/25/03 For Rash: Peter Koneazny, Diana Felsmann, SPD, Milwaukee Appellate Issue: Whether the restitution order for damage to the victim’s car was supported by sufficient causation, where the defendant abducted the victim for 20-30 minutes, during which time the unattended and unlocked car was broken… Read more
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Ross was convicted of a pattern of racketeering involving securities fraud contrary to Wis. Stat. §§ 551.41(2) and 946.82(2), (3), (4) and 946.83 (WOCCA). This pattern of racketeering, based in fraudulent activities occurring in Wisconsin and contrary to the securities law, also affected investors in other… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶12. The distinction between general and special damages as relevant to Wis. Stat. § 973.20(5)(a) is well established. “General damages” under this statute are those that compensate the victim for damages such as pain and suffering, anguish… Read more
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶25. Read together, these sections plainly contemplate that the court order at sentencing an amount of restitution that it determines the defendant will be able to pay before the completion of the sentence-in this case… Read more
State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue/Holding: ¶26. Where the trial court incorrectly instructs the jury, this court must set aside the verdict unless that error was harmless; that is to say, unless there is no reasonable possibility that the error contributed to the conviction. State v… Read more
State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03 For Stenseth: Robert A. Ferg Issue: Whether violation of the defendant’s right to be present at resentencing (occasioned by the original sentence exceeding the maximum allowable period of confinement) is subject to harmless error analysis. Holding: ¶16. Wisconsin Stat. § 971.04(1)(g) provides that a defendant shall… Read more
