State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: ¶35 The first three alleged instances of misconduct are similar. In each instance, the prosecutor sought to demonstrate the possible unreliability of one witness’s recollection by using seemingly inconsistent recollections of another witness. For example, in one instance the prosecutor… Read more
Published 2009
State v. Joseph E. Koll, Jr., 2009 WI App 74, PFR filed 4/29/09 For Koll: Alexander L. Ullenberg Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun. Holding: The federal Gun Control Act… Read more
State v. Juan M. Sandoval, 2009 WI App 61, PFR filed 5/6/09 For Sandoval: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The State need not disclose bona fide rebuttal evidence, the test for which turns on whether the evidence “only became necessary at rebuttal” (as opposed to whether it would have been admissible or useful… Read more
State v. Ronnie Lee Winters, 2009 WI App 48, PFR filed 4/8/09 For Winters: Ralph Sczygelski Issue/Holding: Where the defendant validly waived his right to testify but then, after the state had rested and released its rebuttal witnesses, sought to retract the waiver, his failure to make an offer of proof as to the substance of his… Read more
State v. Mark A. Jaramillo, 2009 WI App 39 For Jaramillo: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the trial court must conduct a colloquy before a defendant testifies to determine whether waiver of the right not to testify is knowing and voluntary. Holding: ¶16 We have previously noted that we do “not possess any supervisory authority… Read more
State v. Janet A. Conner, 2009 WI App 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: An information alleging the elements of stalking, § 940.32(2m)(b), but not the acts allegedly establishing the “course of conduct,” provided adequate notice of the charge; court rejecting argument that Connor deprived of notice of “time frame in which the… Read more
State v. Julio C. Bautista, 2009 WI App 100, PFR filed 7/16/09 For Bautista: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Section 961.45 bars successive drug prosecutions by dual sovereignties premised on the “same act” (or “conduct”), State v. Colleen E. Hansen, 2001 WI 53. Although broader than the Blockburger “elements-only” test, this “same-conduct” test does not bar… Read more
State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶7 Forfeiture is a rule of judicial administration, and whether we apply the rule is a matter addressed to our discretion. [3] See Ford Motor Co. v. Lyons, 137 Wis. 2d 397, 417, 405 N.W.2d 354 (Ct… Read more
