State v. Keith E. Williams, 2005 WI App 122 For Williams: Christopher William Rose Issue/Holding: The court of appeals has authority to extend the defendant’s deadline for filing cross-appeal to State’s appeal of postconviction grant of new trial: ¶4 However, as the State points out, the jurisdiction of the circuit court was initially invoked by… Read more
Published 2005
State v. Bobby R. Williams, 2005 WI App 221 For Williams: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether a postconviction motion granting plea-withdrawal is final, so as to trigger the 45-day deadline in § 974.05(1)(a) for State’s appeal. Holding: ¶15 Wisconsin Stat. § 808.03 sets forth appeals as of right and appeals by… Read more
State v. Barbara E. Harp, 2005 WI App 250 For Harp: Aaron N. Halstead, Kathleen Meter Lounsbury, Danielle L. Carne Issue/Holding: ¶1, n. 3: We grant Harp’s petition because the mistrial order implicates her right against double jeopardy. “Given the serious constitutional questions raised by claims of double jeopardy, review of such orders will often… Read more
State v. Lamont D., 2005 WI App 264 Issue/Holding: ¶1 n. 4: Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention. WISCONSIN STAT. § 48.235(7)… Read more
State v. Tommie Thames, 2005 WI App 101 Pro se Issue/Holding: ¶12 We conclude that Thames’s arguments are procedurally barred. Thames has raised essentially the same issues he raised in his direct appeal and in his 1997 Wis. Stat. § 974.06 motion. The fact that Thames’s appeal of the trial court’s order denying his 1997 § 974.06… Read more
State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Sentence credit may not be used to satisfy court costs, where costs were imposed under provisions which do not grant authority to waive or otherwise avoid their imposition: ¶11 We turn now to whether credit for pre-sentence… Read more
State v. David J. Roberson, 2005 WI App 195 For Roberson: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶11 A circuit court acts within its discretion in denying without a Machnerhearing a postconviction motion based on ineffective assistance of counsel when: (1) the defendant has failed to allege sufficient facts in the motion to raise a question… Read more
State v. Joseph P. DeFilippo, 2005 WI App 213 For DeFilippo: Leonard D. Kachinsky Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a… Read more
