State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: Sentence of initial confinement of 35 years not excessive: ¶25. Although we recognize that trial courts should impose “‘the minimum amount of custody'” consistent with the appropriate sentencing facts, State v. Hall, 2002… Read more
Published 2003
State v. Joseph A. Lombard, 2003 WI App 163, affirmed, other grounds, 2004 WI 95 For Lombard: David R. Karpe Issue/Holding: Evidence sufficient to support commitment though only one state’s expert supported commitment against three defense experts: ¶21 … The State’s expert, a psychologist who evaluated Lombard for the purpose of determining whether proceedings under… Read more
State v. James Lalor, 2003 WI App 68, PFR filed 4/15/03 For Lalor: T. Christopher Kelly Issue/Holding: Evidence based on actuarial instruments (RRASOR; PCL-R; MnSOST-R; V-RAG), to the effect that of people with similar scores about 50% reoffend within five years and 70% within ten years, supports finding of substantial likelihood to engage in sexual… Read more
State v. Bryan Hoover, 2003 WI App 116, PFR filed 6/26/03 For Hoover: Glenn C. Cushing, SPD, Madison Appellate Issue/Holding: The defense wasn’t entitled to cross-examine a prosecution witness about the sentence he received on an otherwise unrelated charge, where the witness wasn’t offered a benefit in exchange for his testimony. Allowing the defense to… Read more
State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30 For Chvala: Lawton & Cates Issue/Holding: ¶23. Chvala asserts that Wisconsin courts do not rely on decisions from other states to interpret the Wisconsin Constitution, and he asks that we not consider the above cases in reaching our decision. We recognize that none… Read more
State ex rel Darrell W. Griffin v. Litscher, 2003 WI App 60 Issue/Holding: ¶5. Mandamus is an extraordinary writ which may be used to compel a public officer to perform a duty which he or she is legally bound to perform. Karow v. Milwaukee County Civil Serv. Comm., 82 Wis. 2d 565, 568 n.2, 263… Read more
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate ¶22. Ramuta complains that the cumulative terms of initial confinement-thirty-five years, until he turns seventy-six-are excessive. He claims that the trial court did not adequately explain why the sentences for all but… Read more
State v. William A. Silva, 2003 WI App 191, PFR filed 9/4/03 For Silva: Martin E. Kohler, Brian Kinstler, Donald E. Chewning Issue/Holding: (State v. Gordon, 2003 WI 69, followed. ¶15 n. 4:) ¶19 We are satisfied that, under the circumstances, Silva’s allegations do not defeat the strong presumption that trial counsel rendered adequate assistance. Silva’s… Read more
