State v. Wallace I. Stenzel, 2004 WI App 181For Stenzel: Martin E. Kohler Issue/Holding: Citation to an unpublished 7th Circuit case is proper, ¶18 n. 6: Wisconsin Stat. Rule 809.23(3) does not prohibit us from citing unpublished opinions from other jurisdictions. Predick v. O’Connor, 2003 WI App 46, ¶12 n.7, 260 Wis. 2d 323, 660… Read more
Published 2004
State v. Christopher Swiams, 2004 WI App 217 For Swiams: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶4 The question presented by this appeal is whether persons sentenced to a bifurcated term of imprisonment whose extended supervision is revoked may seek relief under WIS. STAT. RULE 809.30 from the trial court’s reconfinement order. We hold… Read more
State v. Denis L.R., 2004 WI App 51, affirmed on other grounds, 2005 WI 110 For Denis L.R.: Richard Hahn; Dwight D. Darrow Issue/Holding: ¶10, n. 3: Dawn originally commenced this appeal by filing a petition for leave to appeal a nonfinal order. However, we determined that the order was final because it concluded a… Read more
State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04 For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek Issue/Holding: ¶1 The major holding here is that when this court accepts an interlocutory appeal, the appellant is limited to briefing only those issues presented in the petition for leave to appeal and may… Read more
State v. Kenneth A. Hudson, 2004 WI App 99 For Hudson: David D. Cook Issue/Holding: ¶11. Hudson first argues that under Wis. Stat. § 974.07(6)(a), the State must “make available” physical evidence containing biological material for independent DNA testing. Subsection (6)(a) states: Upon demand the district attorney shall disclose to the movant or his or her… Read more
State v. Kenneth A. Hudson, 2004 WI App 99 For Hudson: David D. Cook Issue/Holding: ¶13. Hudson also argues he is entitled to court-ordered DNA testing under Wis. Stat. § 974.07(7)(a). Subsection (7)(a) requires the trial court to order DNA testing when the following four conditions are met: A court in which a motion under sub… Read more
State v. Shawn D. Schulpius, 2004 WI App 39, PFR granted 4/20/04 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Pendency of appeal doesn’t prevent trial court from hearing motion to reconsider, ¶33, n. 8: Second, Schulpius argues that the trial court did not have jurisdiction to grant on November 29, 2000, the State’s motion for reconsideration because… Read more
State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: ¶19 … Further, Provo has not made the transcript of the plea hearing a part of the record. Consequently, we must assume that the transcript of that hearing supports the trial court’s finding that Provo’s plea was… Read more
