State v. Jermaine Smith, 2009 WI App 104 Pro se Issue/Holding: ¶1 Jermaine Smith appeals from an order denying his “motion to amend his Judgment of Conviction to reflect his common law spiritual name,” which he states is “Marcolo Von Capoeira.” Because Smith’s motion fails to provide any support for his assertion that he used… Read more
Published 2009
State v. Michael Lee Washington, 2009 WI App 148 For Washington: Christopher Lee Wiesmueller Issue/Holding: ¶1 n. 1: The State asserts that Washington is precluded from making this argument on appeal because he did not object when the prosecutor made his recommendation before the circuit court. Generally, the failure to object is a “dispositive infirmity.”… Read more
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. James D. Lammers, 2009 WI App 136, PFR filed 9/16/09For Lammers: Amelia L. Bizzaro Issue/Holding: ¶12 “Plain error” means a clear or obvious error, one that likely deprived the defendant of a basic constitutional right. State v. Frank, 2002 WI App 31, ¶25, 250 Wis. 2d 95, 640 N.W.2d 198 (Ct. App. 2001)… Read more
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: State failure to argue, in the trial court, that Miller’s 974.06 motion was barred under Escalona-Naranjo waived the argument on appeal: ¶25 We conclude that application of the waiver rule is appropriate here, and therefore decline to address the State’s… Read more
State v. Christopher F. Becker, 2009 WI App 59, PFR filed 5/8/09 For Becker: Jeremy C. Perri, SPD, Milwaukee Appellate Issue/Holding: By failing to object, defendant waived right to challenge judicial response to deliberating jury’s question, notwithstanding conceded unanimity problems in the response: ¶15 Nevertheless, we must agree with the State and hold that Becker… Read more
Restitution – Damages – School District: Employees’ “Lost Productivity” Due to Bomb Scare Evacuation
State v. Derick G. Vanbeek, 2009 WI App 37, PFR filed 3/13/09 For Vanbeek: Donald T. Lang, SPD, Madison Appellate Issue/Holding: On conviction for making a false bomb scare, § 947.015, Vanbeek is liable in restitution to the school district for salaries and benefits paid to teachers and staff during the resulting 4-hour evacuation, because the school district… Read more
State v. Lord L. Sturdivant, 2009 WI App 5, PFR filed 1/13/09 For Sturdivant: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: The initial sentence was “illegal” (because the court did not order sufficient time on extended supervision). The court granted defendant’s motion for resentencing (because of the illegality) and ordered an increase in supervision time (rather than… Read more
