State Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999) For Kenyon: Rex Anderegg Holding: Kenyon’s change in position from trial to appeal doesn’t fall within estoppel doctrine, because neither prosecution nor trial court relied on the changed position… Read more
Published 1999
State v. Derrick L. Madlock, 230 Wis.2d 324, 602 N.W.2d 104 (Ct. App. 1999) For Madlock: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether restitution may be ordered without a showing of causation or actual damages. Holding: The record must show at least a minimal nexus between the defendant’s criminal conduct and the victim’s claimed… Read more
State v. Nils V. Holmgren, 229 Wis.2d 358, 599 N.W.2d 876 (Ct. App. 1999) For Holmgren: William E. Appel Holding: Holmgren’s theft, related to unauthorized use of company’s credit card, gives rise to various restitution issues, all turning on the distinction between special and general damages. (Special damages — those which do not necessarily arise… Read more
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate Issue: Whether a juvenile adjudication is admissible in a Ch.980 proceeding, § 938.35(1) notwithstanding. Holding: A juvenile adjudication is admissible. § 938.35(1) expressly prohibits admissibility of a juvenile court disposition except for certain… Read more
State v. Tory L. Rachel, 224 Wis.2d 571, 591 N.W.2d 920 (Ct. App. 1999). For Rachel: Donald T. Lang, SPD, Madison Appellate. Holding: Tory L. Rachel appeals a nonfinal order of the trial court ruling that the findings and conclusions of a court-appointed expert are subject to discovery in a ch. 980, STATS., proceeding. Because… Read more
State v. Fredrick J. Brissette, 230 Wis.2d 82, 601 N.W.2d 678 (Ct. App. 1999) For Brissette: John D, Lubarsky, SPD, Madison Appellate Issue: Whether failure to hold a probable cause hearing within 72 hours of the filing of a Ch. 980 petition causes the court to lose competency to proceed. Holding: The 72-hour requirement for… Read more
State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Holding: Defendant’s adultery, failure to pay child support, and status as a bankrupt “were all appropriate factors relating to Yakes’ character and personal history.”… Read more
State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Gardner’s 30-year sentence is upheld as a proper exercise of discretion… Read more
