State ex rel. Kenneth Onapolis v. State, 2006 WI App 84, PFR filed 5/25/06 Pro se Issue/Holding: Extradition from Australia to Wisconsin to face bank fraud and federal tax charges did not preclude, under the Rule of Specialty, Onapolis’s return on an outstanding parole violation warrant, at least where the parole violations included the fraud and tax offenses… Read more
Published 2006
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: Motion for plea-withdrawal following revocation of a deferred prosecution agreement but before sentencing has been imposed is gauged by the manifest injustice… Read more
State v. Eric D. Cooks, 2006 WI App 262 For Cooks: Joseph E. Redding Issue/Holding: Failure to object to a witness’s reference to having known the defendant from jail was not deficient performance, because this evidence was admissible anyway: ¶47 Furthermore, Cooks’ ineffective assistance of counsel claim is premised on a correct trial court ruling and… Read more
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶23 Here, the offered evidence (testimony of forced fellatio, performed by a five-year-old child victim, followed by urination in the victim’s mouth) undoubtedly aroused the jury’s “sense of horror” and “provoke[d] its instinct to punish.” See Sullivan, 216 Wis. 2d at 789-90. Revulsion… Read more
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Woehrer, Mary L. Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct… Read more
State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: A deferred prosecution agreement, whereby the defendant enters no contest pleas but entry of judgment of conviction is stayed, conditioned on compliance… Read more
State v. Walter T. Missouri, 2006 WI App 74 For Missouri: Jeffrey W. Jensen Issue: Whether evidence of police officer Mucha’s mistreatment of a 3rd-party (Scull) in an otherwise unrelated but similar instance was admissible to further defendant Missouri’s claim that Mucha was untruthful in denying physical abuse against and planting evidence on Missouri. Holding: This evidence… Read more
State v. Bruce T. Davis, 2006 WI App 23 For Davis: Russell Bohach Issue/Holding: Evidence that Davis was misidentified as the perpetrator of a crime he could not have committed but which was similar to the crimes he was tried for was admissible: ¶28 Looking at the first factor, the State concedes that this witness’s testimony was… Read more
