State v. Ibrahim Begicevic, 2004 WI App 57 For Begicevic: Donna J. Kuchler Issue: Whether reading the “Informing the Accused” form in English to a non-English speaking driver was an unreasonable way of conveying required implied consent warnings. Holding: ¶21. Kennedy did not attempt to obtain an interpreter. When Kennedy read the Informing the Accused in… Read more
Published 2004
State v. Shawn A. Beasley, 2004 WI App 42, PFR filed 3/26/04 For Beasley: Robert Ruth Issue: Whether charges and convictions for burglary while armed (§ 943.10(2)(a)) and burglary while committing battery (§ 943.10(2)(d)) are multiplicitous. Holding: ¶5. We reject Beasley’s challenge for two reasons. First, the subsections of Wis. Stat. § 943.10(2) do not define penalty enhancers, they… Read more
State v. Clyde Baily Williams, 2004 WI App 56, federal habeas denied, Williams v. Bartow, 481 F.3d 492 (7th Cir 2007) For Williams: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Issuing new charges for “a completely separate and distinct criminal episode” after the grant of appellate relief does not give rise to a presumption of vindictiveness: ¶45… Read more
State v. Clyde Baily Williams, 2004 WI App 56, federal habeas denied, Williams v. Bartow, 481 F.3d 492 (7th Cir 2007) For Williams: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶22. We begin by addressing Williams’ double jeopardy claim. He submits that the trial court failed to exercise “sound discretion” in declaring a mistrial after his counsel… Read more
State v. Richard G. White, 2004 WI App 78, (AG’s) PFR filed 4/1/04 For White: James A. Rebholz Issue/Holding: ¶23. Under Wis. Stat. § 971.23(1)(f), a prosecutor must, upon request, disclose to the defense “[t]he criminal record of a prosecution witness which is known to the district attorney.” A prosecutor, however, has an affirmative duty to make… Read more
State v. Michael D. Lewis, 2004 WI App 211 For Lewis: Timothy A. Provis Issue/Holding: Sentence of life imprisonment without possibility of parole, as persistent repeater due to prior conviction for sexual assault of a child, on a current conviction for child enticement isn’t cruel / unusual punishment under the 8th amendment. ¶¶16-18. … Read more
State v. Franciollo L. Jones, 2004 WI App 212, PFR filed 11/11/04 For Jones: Syovata Edari; Ellen Henak (on PFR), SPD, Milwaukee Appellate Issue: Whether the trial court properly ordered Jones to pay a DNA surcharge even though he had already provided a DNA sample in an earlier case. Holding: ¶5 WISCONSIN STAT. § 973.047 obligates the… Read more
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue:Whether the defendant’s explicit waiver of his right to testify was conditional (on the outcome of two defense witnesses) such that another colloquy should have been conducted; or, if the waiver is deemed binding, whether the trial court nonetheless erroneously… Read more
