State v. Danny G. Harrell, 2008 WI App 37 For Harrell: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Expert opinion that Harrell is sexually violent was derived from his compelled, incriminatory statement and therefore also inadmissible, ¶¶14-35. The court essentially tracks the discussion in Mark, which therefore won’t be repeated, and applies it to the particular facts… Read more
Published 2008
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶20 When an individual has given an involuntary statement, a subsequent statement is also considered involuntary unless it can be “separated… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding1: ¶28 In Kastigar, the … Court stated that, once a defendant demonstrates that he or she has testified under a grant of… Read more
State v. Charles W. Mark, 2008 WI App 44; on appeal following remand in State v. Mark, 2006 WI 78, 292 Wis. 2d 1, 718 N.W.2d 90 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: Parolee’s statement made under grant of immunity (per State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977)), was compelled (therefore involuntary)… Read more
State v. Edward Townsend, 2008 WI App 20, PFR filed 2/13/08 For Townsend: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether admissibility of evidence gathered in a foreign jurisdiction by Wisconsin officers is tested by the law of that jurisdiction or of Wisconsin. Holding: ¶1 … Townsend contends that the circuit court should have suppressed unrecorded statements he… Read more
Bettendorf v. St. Croix County, 2008 WI App 97 Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction: ¶17 “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers… Read more
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: A defendant has a 6th amendment-based right to retained postconviction counsel of choice: ¶9 The State correctly counters that Miller and Gonzalez-Lopez involved the right to counsel of choice at trial. Here, Peterson was postconviction, at a Machner proceeding. …¶10 Martinez… Read more
State ex rel. Jarrad T. Panama v. Hepp, 2008 WI App 146 For Panama: Philip J. Brehm Issue/Holding: Panama’s collateral attack on a sentence previously affirmed by no-merit appeal may be canalized into a “Knight” habeas petition, at least where the challenge is based on a potential defect apparent in the record. The court continues… Read more
