State v. Robert L. Kruse, 2006 WI App 179, PFR filed 9/11/06 For Kruse: Donald T. Lang, SPD, Madison Appellate Issue/Holding1: ¶2 We agree with Kruse that at a probable cause hearing under Wis. Stat. §980.09(2)(a), the role of the circuit court is to determine whether there is plausible testimony or evidence that, if believed… Read more
Published 2006
State v. Christopher L. Combs, 2006 WI App 137, PFR filed, 7/20/06 For Combs: Steven D. Phillips, SPD, Madison Appellate Issue: Whether, on a petition for discharge of an SVP commitment, § 980.09(2)(b), the trial court can refuse to hold a hearing where, although the court-appointed expert concludes that the person was not sufficiently predisposed… Read more
State v. Deryl B. Beyer, 2006 WI 2, on certification; prior history: 2001 WI App 167, cert. denied, Beyer v. Wisconsin, 537 U.S. 1210 (2003) For Beyer: Donald T. Lang, SPD, Madison Appellate Issue1: Whether due process was violated by delay of over 22 months between the time the first annual periodic examination report was… Read more
State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: ¶7 To have his sentence modified, Delaney must overcome two hurdles. First, he must demonstrate that a new factor exists. If so, he next must demonstrate that the new factor warrants sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether… Read more
State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: Governor Thompson’s 1994 letter to the DOC exhorting pursuit of all available remedies to block release of (pre-TIS) violent offenders reaching their mandatory release date is not a new factor: ¶9 The existence of a new factor must be shown by clear and convincing evidence. Franklin, 148… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Trial court’s acknowledgement that Odom had been a productive citizen but that his numerous crimes “stood in stark contrast to that past” adequately accounted for Odom’s “positive attributes,” ¶24… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: A trial court is not required to follow the sentencing guidelines, but only to explain a departure; the trial court’s explanation for departure (defendant’s lengthy record and reoffending upon release from confinement) was an adequate explanation, ¶26… Read more
State v. Jack W. Klubertanz, 2006 WI App 71, PFR filed 4/14/06 For Klubertanz: Martha K. Askins, SPD, Madison Appellate Issue: Whether attack on a sentence as harsh and excessive is limited to factors present at the time of sentencing, or may instead be based on post-sentencing events such that as in this instance a claim that… Read more
