State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3 For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42. All the rest is commentary. (Translated: the court undertakes a… Read more
Published 2008
State v. Miguel E. Marinez, Jr., 2008 WI App 105, (AG’s) PFR filed 7/15/08; prior history: certification, denied 4/3/08 For Marinez: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶1 At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement… Read more
State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07 For Normington: Stephen J. Eisenberg Issue: Whether images downloaded from the defendant’s computer, depicting objects inserted into women’s vaginas and into men’s and women’s anuses, were admissible on a charge of sexual assault of a mentally deficient victim involving an object inserted in his anus. Holding… Read more
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: ¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been… Read more
State v. Eric T. Olson, 2008 WI App 171 For Olson: Byron C. Lichstein Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line: ¶11 Accordingly, we read the statute to require that… Read more
State v. Craig A. Swope, 2008 WI App 175 For Swope: Dianne M. Erickson Issue: Whether “death scene” analysis from an FBI agent was admissible to establish cause of simultaneous death of two elderly individuals found dead in their home. Holding: ¶25 The general field of crime scene analysis has been recognized as being a… Read more
State v. Bryan James Krueger, 2008 WI App 162 For Krueger: Bradley J. Lochowicz Issue/Holding: ¶15 Here, Mason was asked whether she had formed an opinion as to whether or not S.B. “was the product of any suggestibility or any coaching.” … Signs of coaching or suggestion could fall into the realm of knowledge that… Read more
State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: Jurisdiction attaches to state’s appeal from denial of reconsideration of an oral ruling dismissing a count, ¶7 n. 5: The State appeals from the written order denying the motion for reconsideration. White, citing Ver Hagen v. Gibbons, 55 Wis. 2d… Read more
