State v. Quentrell E. Williams, 2006 WI App 212 For Williams: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶23, n.5: Williams also contends that the evidence was relevant to whether he intentionally caused harm to A.B.A. because intentional child abuse is a specific intent crime. However, Williams was acquitted of intentionally causing harm to a… Read more
Published 2006
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: Wrongful admission of misconduct evidence was reversible error: ¶37 Based on our review, we are not convinced beyond a reasonable doubt that the admission of Janis’s testimony did not contribute to the verdict. The State’s case was based entirely on various… Read more
State v. Anthony D., 2006 WI App 218 For Anthony D.: Susan E. Alesia, SPD, Madison Appellate Dicta: ¶7 n. 2: We note that the language of the juvenile restitution statute differs from that of the criminal restitution statute, Wis. Stat. § 973.20. The criminal statute does not require the court to make a finding that the… Read more
State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue/Holding: Any error in exclusion of evidence claimed necessary to support the theory of imperfect self-defense would have been harmless: ¶26 … Our inquiry, therefore, is whether it is “clear beyond a reasonable doubt that a rational jury… Read more
State v. Bruce T. Davis, 2006 WI App 23 For Davis: Russell Bohach Issue/Holding: Misjoined counts were harmful error, notwithstanding a curative instruction, where the only evidence connecting Davis to the crimes were eyewitnesses who, although they ID’ed Davis, gave “quite varied” descriptions to the police, ¶22… Read more
State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: The remedy for a sentence imposed under an incorrect penalty scheme is resentencing: ¶14 Both parties agree that if the sentence the circuit court imposed was improper, Thums is entitled to be resentenced as to both components of… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: The requirement of sentencing after probation revocation that the judge review the original sentencing transcript, State v. Reynolds, 2002 WI App 15, 249 Wis. 2d 798, 643 N.W.2d 165 (Ct. App. 2001), does not apply to reconfinement after… Read more
State v. Terry L. Olson, 2006 WI App 32, PFR filed 3/16 For Olson: Melinda A. Swartz, SPD, Milwaukee Appellate Issue: Whether ch. 980 is unconstitutional because the SVP definition of “dangerousness” is not linked to imminent risk. Holding: ¶5 We deem Olson’s reliance on Lessard misplaced. In 2002, our own supreme court considered a challenge to Wis. Stat. ch. 51… Read more
