Published 2007

State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10       Schultz contends that the… Read more

State v. Mark J. Roou, 2007 WI App 193 For Roou: John P. Tedesco, SPD, Madison Appellate Issue1: Whether the defendant was entitled to plea-withdrawal on both plea-based counts or only the one count as to which the plea was defective (given that the State promised not to re-prosecute the latter count). Holding1: ¶16 Roou… Read more

State v. Charles E. Dukes, 2007 WI App 175 For Dukes: Robert N. Meyeroff Issue/Holding: ¶29 Here, Detective Carter testified that he observed the building at 450 North 33rd Street, saw people coming, staying for a few minutes and leaving, and explained that such traffic was consistent with operating a drug house. He admitted, however… Read more

State v. David C. Quarzenski, 2007 WI APP 212, PFR filed 9/21/07 For Quarzenski: Martin E. Kohler, Christopher M. Eippert Issue: Whether counsel was ineffective for failing to object to the State’s sentencing recommendation where: under the plea bargain the State agreed to and in fact “capped” its recommendation on several counts to a total… Read more

State v. Thomas C. Burton, 2007 WI App 237 For Burton: Timothy A. Provis Issue/Holding: Testimony by a “gang expert” as to the gang-affiliation of certain witnesses, in an effort to explain their motive to testify as they did, was irrelevant in the absence of any evidence that the defendant was himself a gang member: ¶14… Read more

State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶14      Although Cockrell describes his challenge to the prosecutor’s use of his post- Miranda silence as a violation of his Fifth Amendment right to remain silent, the substance of his argument is the due process analysis employed… Read more

State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶16      Building on footnote 11 in Doyle, courts have recognized situations in which it is not a violation of due process for the prosecutor to elicit on cross-examination the fact of the defendant’s post- Miranda silence for… Read more