State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999) For Doerr: John M. Carroll. Issue/Holding: Doerr argues that evidence of his refusal to take a chemical test was irrelevant, because it occurred at the police station rather than the arrest scene. The argument is rejected: Though refusal evidence is relevant to… Read more
Published 1999
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999). For DelReal: Richard D. Martin, SPD, Milwaukee Appellate. Holding: At trial on shooting related charges, one detective testified that DelReal’s hands had been swabbed for gunshot residue (with unknown results), but the lead detective testified that he hadn’t. The trial court struck… Read more
State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Holding: A “deficient sample” printout from an Intoxilyzer 5000 test is held admissible – not as a test result, but as Zivcic’s failure to provide adequate breath samples (which equals a refusal)… Read more
State v. Chad D. Schroeder, 224 Wis.2d 706, 593 N.W.2d 76 (Ct. App. 1999) For Schroeder: Patrick C. Brennan. Issue/Holding: A guilty plea waives any right to a hearing under State v. Becker, 74 Wis. 2d 675, 247 N.W.2d 495 (1976) (whether state manipulated adult court in not commencing case I juvenile court). A Becker… Read more
State v. Antonio A. Scott, 230 Wis.2d 643, 602 N.W.2d 296 (Ct. App. 1999) For Scott: Jennifer L. Weston. Issue: Whether Scott was denied effective assistance of counsel when his attorney allowed him to renegotiate an already-consummated plea bargain without advising that the original agreement was enforceable. Holding: Counsel’s failure to inform Scott that… Read more
State v. Gordon R. Anderson, Jr., 230 Wis.2d 121, 600 N.W.2d 913 (Ct. App. 1999) For Anderson: Craig M. Kuhary Issue: Whether the trial court erred in admitting evidence in this 1st degree homicide trial of a prior sexual assault that resulted in Anderson being sent to prison, as evidence of his motive and intent to… Read more
State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Holding: On a charge that Thoms sexually assaulted his sister, the trial court allowed the state to introduce evidence that, 14 years before, he had allegedly sexually assaulted both a stranger and his niece, as evidence… Read more
State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999) For Edmunds: Dean A. Strang Holding: In her opening statement, Edmunds told the jury that no one would testify that she did “an unloving act to a child.” This assertion allowed the state to show that she had struck a child… Read more
