State v. Elizabeth A. White, 2008 WI App 96 For White: T Christopher Kelly Issue/Holding: ¶8 To prevail on a motion for reconsideration, a party must either present newly discovered evidence or establish a manifest error of law or fact. Koepsell’s Olde Popcorn Wagons, Inc. v. Koepsell’s Festival Popcorn Wagons, Ltd., 2004 WI App 129, ¶44… Read more
Published 2008
State v. Audrey A. Edmunds , 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002) For Edmunds: Keith A. Findley, UW Law School Issue/Holding: Presentation of expert testimony to establish, under a theory… Read more
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08 For Champlain: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶15 The State first argues that Champlain has waived the armband issue. The State contends that Champlain cannot not be heard to complain about the jury seeing the armband device when he himself… Read more
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue: Whether the sentencing court may order that DOC distribute “gifted” (as opposed to wage-based) funds in a prisoner’s account to satisfy a restitution obligation. Holding: ¶12 We observe that Wis. Stat. § 973.20 does not limit the consideration of… Read more
State v. Jeremy T. Greene, 2008 WI App 100, PFR filed 7/14/08 For Greene: Kristen D. Schipper Issue/Holding: Restitution order amendment, directing DOC to disburse funds from the prisoner’s account, did not violate double jeopardy although the amendment occurred three years after the original order: ¶16 Greene’s double jeopardy argument focuses on the fact that DOC, in… Read more
State v. William Agosto, 2008 WI App 149, PFR filed 10/21/08 For Agosto: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: The defendant’s mother, who posted subsequently-forfeited cash bail, is a “victim” for restitution purposes: ¶8 … Agosto committed the “crime” of bail-jumping. He pled guilty and the circuit court entered a judgment convicting him of that crime… Read more
State v. Anthony Houston Lee, 2008 WI App 185 For Lee: Carl W. Chessir Issue/Holding: ¶11 As noted, Wis. Stat. § 973.20 authorizes a trial court to order restitution to victims of a “[c]rime considered at sentencing,” which includes “any crime for which the defendant was convicted and any read-in crime.” Sec. 973.20(1g)(a) & (1r). We conclude… 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: ¶57 In summary, while the termination from the community treatment program and the rule violation were presented as conduct… Read more
