State v. Bruce J. Kuechler, 2003 WI App 245 For Kuechler: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶11. Second, Kuechler argues that “[e]ven if the size of the fine could be based exclusively on a guideline recommendation, the court here failed to give adequate reasons for choosing the more severe of two alternative guidelines.”… Read more
Published 2003
State v. Bruce J. Kuechler, 2003 WI App 245 For Kuechler: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶13. Fourth, Kuechler contends that the trial court imposed the fine without first ascertaining his ability to pay. We agree. Because Kuechler timely raised the issue of ability to pay in his postconviction motion, the trial court… Read more
Michael S. Johnson v. Berge, 2003 WI App 51 Issue/Holding: Review of issue preclusion is governed by Paige K.B. v. Steven G.B., 226 Wis. 2d 210, 594 Wis. 2d 370 (1999). The record isn’t sufficient to review the issue. ¶¶13-14. For discussion on preclusive effect of state court suppression ruling on federal court dealing with same evidence… Read more
State v. James W. Keith, 2003 WI App 47, PFR filed 3/5/03 For Keith: Christopher A. Mutschler Issue/Holding: ¶10 WISCONSIN STAT. § 343.305(5)(a) requires police to offer an alternative chemical test to persons who submit to a chemical test under § 343.305 and who request an alternative test. … ¶12 The record shows that after Keith’s arrest, while traveling… Read more
State v. Richard L. Verkler, 2003 WI App 37 For Verkler: Christopher A. Mutschler Issue/Holding: ¶1. In State v. Reitter, 227 Wis. 2d 213, 217-18, 595 N.W. 2d 646 (1999), our supreme court held that law officers are under no affirmative duty to advise custodial defendants that the right to counsel does not apply to the… Read more
State v. Jesse H. Swinson, 2003 WI App 45, PFR filed 3/24/03 For Swinson: Pamela Pepper Issue/Holding: Separate theft by fraud charges, § 943.20(1)(d), involving a scheme to defraud the same victim over a period of time, were not multiplicitous. Though identical in law, they weren’t identical in fact, because each charge involved a distinct false representation… Read more
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue: Whether vacating plea-bargain based conviction and (concurrent) sentence for multiplicitous charge was adequate remedy, as opposed to reinstating the not guilty pleas. Holding: ¶34. We see no reason to disturb the remedy the trial court granted for the… Read more
State v. Donald R. Wield, 2003 WI App 179, PFR filed 8/28/03 For Wield: Donald T. Lang, SPD, Madison Appellate Issue/Holding: The persistent repeater law, § 939.62(2m) is constitutional; State v. Radke, 2003 WI 7, 259 Wis. 2d 13, 657 N.W.2d 66, controls. ¶¶20-21… Read more
