State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶42. Finally, Longmire cites three matters which he argues are “new factors” and thus grounds for the trial court to modify his term of extended supervision: (1) a reduction in the maximum term of extended supervision for the class… Read more
Published 2004
State v. Joseph A. Lombard, 2004 WI App 52, PFR filed 3/19/04 For Lombard: David Karpe Issue: Whether, in response to a jury question during deliberations in this SVP discharge trial, the trial court was obligated to instruct that if Lombard were discharged he would still be subject to 40 years of probation / parole… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue: Whether an examiner’s recommendation of supervised release established probable cause that Thiel was no longer a sexually violent person and therefore supported a full evidentiary hearing on release, pursuant to § 980.09(2). Holding: ¶15. Thiel’s claim falls… Read more
State v. Dennis R. Thiel, 2004 WI App 140, PFR filed 7/16/04 For Thiel: Suzanne L. Hagopian Issue/Holding: ¶27. We now turn to the second issue on appeal-that being, whether Thiel’s due process rights were violated because the circuit court failed to initiate proceedings following remand by this court and therefore nothing occurred until Thiel… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04 For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶5. Alternatively, Madison argues that he has a constitutional right, on equal protections grounds, to a special verdict. See Wis. Const. art. I, § 1. This equal protection argument stems from an alleged disparate application of special verdicts… Read more
State v. Jesse J. Madison, 2004 WI App 46, PFR filed 3/12/04For Madison: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶3. Madison first claims that he has a statutory right to a special verdict under Wis. Stat.§ 805.12(1). See State v. Rachel, 224 Wis. 2d 571, 575, 591 N.W.2d 920 (Ct. App. 1999) (Wis. Stat. ch. 980 proceedings are… Read more
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue: Whether the sentencing court placed insufficient weight on defendant’s elderly age as a mitigating factor, and the likelihood he would not survive the confinement portion of his sentence. Holding: ¶12. We agree with Stenzel that his age is a factor that… Read more
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue: Whether the sentencing court placed insufficient weight on the likelihood defendant would not survive the confinement portion of his sentence. Holding: ¶17. Stenzel faults the court for not assigning any relevancy to his life expectancy. He argues that he was seventy-eight… Read more
