State v. Donald R. Wield, 2003 WI App 179, PFR filed 8/28/03 For Wield: Donald T. Lang, SPD, Madison Appellate Issue/Holding: In determining whether a prior conviction under a since-repealed statute is a serious child sex offense comparable to § 948.02(1) so as to invoke the persistent repeater law, the “elements only” test of Blockburger v. United States, 284 U.S… Read more
Published 2003
Due Process – Defendant’s Right to Testify, as Affected by Intent to Commit Perjury – Counsel’s Role
State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70, ¶¶42-47 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: The defendant’s right to testify does not include a right to testify falsely, Nix v. Whiteside, 475 U.S. 157 (1986): ¶37. From Nix, we derive five principles that… Read more
State v. Thomas A. Drexler, 2003 WI App 169, PFR filed 8/1/03 For Drexler: Ralph A. Kalal Issue/Holding: In support of a collateral attack on a prior OWI conviction used to enhance a current OWI prosecution, Drexler submitted an affidavit asserting that the trial court had not advised him of his right to counsel: although this was… Read more
State v. Paul R. Maxey, 2003 WI App 94 For Maxey: Douglas I. Henderson Issue/Holding: A sentence may be enhanced by both the general repeater provision of § 939.62(1)(b) (1999-2000) and § the specific repeat drug offender provision of § 961.48(2) (1999-2000), given the rationale of State v. Richard W. Delaney, 2003 WI 9: ¶14. In summary… Read more
State v. Guy W. Colstad, 2003 WI App 25 For Colstad: T. Christopher Kelly Issue/Holding: Expert testimony is not a prerequisite for admission of a PBT result at a suppression hearing. ¶29. … Read more
State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the search warrant was supported by probable cause to believe that the defendant currently possessed child pornography. Holding: ¶17. “[E]very probable cause determination must be made on a case-by-case basis, looking at the totality of… Read more
State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The search warrant satisfied the particularity requirement by authorizing seizure of the following: “[p]hotographs, movies, slides, videotape, negatives, and/or undeveloped film which would tend to identify … any other juvenile”; and “[m]agazines, books, movies, and photographs… Read more
State v. Juan M. Orta, 2003 WI App 93 For Orta: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶2 … (A)n individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and evinces no… Read more
