State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03 For Snider: Timothy J. Gaskell Issue/Holding: The detective’s testimony as to what he believed at the time he was conducting the investigation did not amount to a comment on the credibility of a witness, hence was not deficient performance, ¶27. Moreover, “(c)ounsel’s attempt to discredit… Read more
Published 2003
State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Counsel’s admittedly non-tactical failure to obtain DNA results on hair found on the victim’s pants and on scrapings from her fingernails was deficient, similar to State v. Glass, 170 Wis. 2d 146, 488 N.W.2d 432 (Ct… Read more
State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Counsel’s failure to offer independent medical evidence that would have challenged the state’s expert as to the weapon used to kill the victim and that would have indicated that the murder was consistent with a… Read more
State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03 For Zimmerman: Keith A. Findley, UW Law School Issue/Holding: Counsel’s failure to challenge a witness’s hypnotically refreshed testimony, as violating the guidelines of State v. Armstrong, 110 Wis. 2d 555, 329 N.W.2d 386 (1983), was deficient: ¶45. To begin, we are not persuaded by counsel’s… Read more
State v. Harold C. Pote, III, 2003 WI App 30 For Pote: John A. Pray, Remington Law Center Issue: Whether counsel was ineffective for failure to investigate a potential defense (inability to work for medical reasons) to one of two counts of nonsupport, where counsel complied with the defendant’s instruction to obtain a plea bargain involving… Read more
State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03 For Brown: Robert T. Ruth Issue: Whether defendant was entitled to an instruction on territorial jurisdiction, § 939.03, where the offense was partially committed out of the state. Holding: ¶23. The question of whether or when a jury must be instructed on the… Read more
State v. Bobby R. Dabney, 2003 WI App 108, PFR filed 5/23/03 For Dabney: Lynn E. Hackbarth Issue/Holding: ¶21. Here, it is undisputed that the DNA profile complaint and warrant were issued three days before the statute of limitations expired. We have already concluded that the complaint and warrant in this case were sufficient to commence… Read more
State v. Bruce J. Kuechler, 2003 WI App 245 For Kuechler: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: In sentencing for OWI, “it was not error for the court to seek guidance from the local guidelines” in determining the fine on an OWI sentence. ¶10, citing State v. Jorgensen, 2003 WI 105, ¶¶2, 27, __ Wis. 2d… Read more
