State v. John Doe, 2005 WI App 68 For John Doe: Amelia L. Bizzaro (the court file has been ordered sealed, and the caption amended “to shield the defendant’s identity”) Issue/Holding: ¶11. We next address the defendant’s allegation that the trial court erroneously exercised its discretion when it denied his request to file his sentence modification… Read more
Published 2005
State v. Mahlik D. Ellington, 2005 WI App 243 For Ellington: Andrea Taylor Cornwall Issue/Holding: An objection on relevancy grounds does not preserve a confrontation-based argument, ¶14. … Read more
State v. Scott Edward Ziegler, 2005 WI App 69 For Ziegler: Martha K. Askins, SPD, Madison Appellate Issue: Whether a trial court retains authority to order restitution 14 years after entering a “to be determined” restitution order in the original judgment of conviction. Holding: ¶11. As we have repeatedly explained, “Restitution is governed by Wis. Stat. § 973.20, which… Read more
State v. Tremaine Y., 2005 WI App 56, PFR filed 3/4/05 For Tremaine: Robert W. Peterson, Samantha Jeanne Humes, SPD, Milwaukee Trial Issue: Whether challenge to an earlier change-of-placement delinquency order, as a means of challenging the jurisdictional basis for the current ch. 980 commitment petition, comes too late to be entertained. Holding: ¶8 The… Read more
State v. Somkith Neuaone, 2005 WI App 124 For Neuaone: Ralph Sczygelski Issue/Holding: Where the State admitted to breaching the plea bargain, and the defendant was explicitly offered the option of seeking plea-withdrawal but personally affirmed that he did not wish that remedy, the appellate court has “nothing to review on this issue since the trial… Read more
State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: ¶8 n. 2: We observe that Draughon did not object to the jury instruction when provided the opportunity by the circuit court. Draughon nonetheless raises his objection here under color of his ineffective assistance of counsel… Read more
State v. Kenneth V. Harden, 2005 WI App 252 For Harden: Ralph Sczygelski Issue/Holding: Holding of Wisconsin supreme court binds the court of appeals, such that dicta in decision of latter court in conflict with supreme court holding must be withdrawn, ¶5 citing, Nommensen v. American Continental Ins. Co., 2000 WI App 230, ¶16, 239 Wis. 2d… Read more
State v. Mark R. Johnson, 2005 WI App 201 For Johnson: Jefren Olsen , SPD, Madison Appellate Issue/Holding: ¶13 Second, before a trial court may order restitution “there must be a showing that the defendant’s criminal activity was a substantial factor in causing” pecuniary injury to the victim in a “but for” sense. Longmire, 272 Wis… Read more
