Dane County v. Stevenson L.J., 2009 WI App 84 For Stevenson L.J.: Ruth N. Westmont Issue/Holding: Where Stevenson L.J. was detained on an “emergency statement” in one county (Brown), then transferred to another (Dane) before a probable cause hearing, a new emergency statement in Dane County did not establish a new 72-hour time limit for a… Read more
Published 2009
State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: “Infrequent references to annual re-evaluation” were not “sufficiently egregious to diminish the jury’s sense of responsibility for its verdict,” ¶¶20-24… Read more
State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Testimony by a state’s expert to the effect that the only treatment program for psychopaths is at Sand Ridge did not require a new trial under the theory that it implicitly suggested commitment would be in the community’s and… Read more
State v. Jeremy D. Schladweiler, 2009 WI App 177 Pro se Issue/Holding: DOC determination that an inmate isn’t eligible for CIP doesn’t constitute a new factor, notwithstanding the sentencing court’s determination that he is eligible. ¶11 Here, the trial court determined that Schladweiler was eligible for the CIP. … The sentencing court expressly indicated that participation… Read more
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Initial confinement totaling 36, and supervision of 17, years on sexual assault-related convictions wasn’t harsh and excessive: ¶48 Berggren’s sentence was not shocking, nor does it violate the judgment of reasonable people concerning what is right and proper under… Read more
State v. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’Osto, Kathryn A. Keppel Issue/Holding: Prineas was convicted on 2 counts of 2nd-degree sexual assault, and acquitted on another 4; the PSI recommended 6-8 years, but he was sentenced to 10 IC, 10 ES and a concurrent 30-year term of probation; though a… Read more
State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Writ of certiorari “misdirected” to wrong respondent (in this instance, review of inmate complaint, improperly naming as respondent institution warden rather than DOC Secretary or designee) must be dismissed: ¶10 We begin by observing that certiorari “is available only for… Read more
State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Inmate may not utilize discovery to bypass security-based restrictions on access to banned material such as pornography: ¶16 Inmates must not be allowed to evade security restrictions by simply filing suit or petitioning for writ of certiorari and obtaining prohibited… Read more
