State v. Fred V. Vogelsberg, 2006 WI App 228 (Cert. petition filed, Case No. 06-1253) For Vogelsberg: Timothy A. Provis Issue1: Whether the holding of State v. Thomas, 150 Wis. 2d 374, 394, 442 N.W.2d 10 (1989) (witness may testify behind screen upon showing of necessity) survives Crawford v. Washington, 541 U.S. 36 (2004). Holding1… Read more
Published 2006
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue/Holding: A claim that the prosecutor represented the defendant in a prior case may be raised in a pretrial motion to disqualify the prosecutor, which requires a showing that “the subject matter of the two representations are ‘substantially related,’” ¶15, quoting State v. Tkacz, 2002… Read more
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue: Whether a motion to disqualify a prosecutor because of representation of defendant in a prior case, brought immediately before jury selection, may be deemed waived on timeliness grounds. Holding: ¶24 We conclude the circuit court may, in the proper exercise of… Read more
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue/Holding: ¶33 The circuit court here accepted the district attorney’s testimony that he did not remember any conversation with Medina during the prior representation. It also found that the district attorney did not refer to any information at sentencing from the… Read more
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06 For Ziegler: Kenneth P. Casey, UW Law School Issue/Holding: ¶32 We conclude that the trial court’s sentencing remarks satisfy Hall as to the reasons for the consecutive sentences and Gallion as to the reasons for the length of the sentence. As noted, the trial court engaged in a… Read more
State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue: Whether an offense which was partially committed during the TIS-I regime but not completed until advent of TIS-II comes under the former or latter sentencing regime. Holding: ¶11 Thums had not committed the crime of stalking with a… 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/Holding: ¶21 We conclude that the circuit court here properly exercised its sentencing discretion under the standards set forth in Gallion. The court identified the objectives it sought to achieve with the sentence it imposed: punishing Klubertanz… Read more
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06 For Ziegler: Kenneth P. Casey, UW Law School Issue/Holding: ¶23 The principal objectives of a sentence include, but are not limited to, the protection of the community, the punishment of the defendant, rehabilitation of the defendant, and deterrence to others. Id., ¶40. A sentencing court… Read more
