State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Failure to move for mistrial waived any objection to the prosecutor’s closing argument, ¶60. Nor do the comments rise to the level of plain error necessary to overcome waiver: ¶61 The State points out that… Read more
Published 2006
State v. Jeffrey Lorenzo Searcy, 2006 WI App 8 For Searcy: Joseph L. Sommers Issue/Holding: Failure to raise a Crawford objection didn’t amount to waiver: “However, Searcy could not have raised at trial a Confrontation Clause claim based on Crawford v. Washington, 541 U.S. 36 (2004), because his December 2002 trial preceded the March 2004… Read more
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06 For Milanes: Joan M. Boyd Issue/Holding: ¶13 A valid guilty or no contest plea waives all nonjurisdictional defenses to a conviction, including constitutional violations. See State v. Riekkoff, 112 Wis. 2d 119, 122-23, 332 N.W.2d 744 (1983). One exception to this rule is… Read more
State v. Earl W. Haase, 2006 WI App 86, (State’s) PFR filed 5/17/06 For Haase: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether restitution may be ordered for damage caused to a squad car destroyed by fire during pursuit of the defendant. Holding: A governmental “agency must be a direct victim of the criminal conduct to be reimbursed for a… Read more
Olson v. Darlington Mutual Ins., 2006 WI App 204 Issue/Holding: ¶4 … The required elements of judicial estoppel are: First, the later position must be clearly inconsistent with the earlier position; second, the facts at issue should be the same in both cases; and finally, the party to be estopped must have convinced the… Read more
State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where the appellate court is positioned equally to review the matter, whether labeled one of fact or of law, no deference need be given the trial court: ¶19 … (T)his court is in just… Read more
Herr v. Bradley D. DeBraska, 2006 WI App 29 Issue/Holding1: Where the defendant and victim had fully settled a civil claim for defendant’s liability arising out of the crime, but the defendant’s wages were subsequently garnished by the State to satisfy the restitution order in the criminal case, the trial court properly exercised discretion to reopen… Read more
State v. Kevin Brown, 2006 WI App 41 For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶10 We first examine the trial court’s reliance on the earlier order and its determination that it was “the law of the case.” Citing Univest Corp. v. General Split Corp., 148 Wis. 2d 29, 38, 435 N.W.2d 234 (1989)… Read more
