Michael S. Johnson v. Berge, 2003 WI App 51 Issue/Holding: Review of issue preclusion is governed by Paige K.B. v. Steven G.B., 226 Wis. 2d 210, 594 Wis. 2d 370 (1999). The record isn’t sufficient to review the issue. ¶¶13-14. For discussion on preclusive effect of state court suppression ruling on federal court dealing with same evidence… Read more
B. Non-statutory defenses
State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: The charging period of March 1, 1989, to March 31, 1993, was not too expansive to provide opportunity to prepare a defense, largely because of the victim’s youthfulness and vulnerable relationship (patient-therapist) to defendant, ¶31… Read more
State v. Kenneth Parrish, 2002 WI App 263, PFR filed 11/11/02 For Parrish: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a 980 petition was barred because a prior petition was dismissed at trial for insufficient proof, but the respondent was subsequently returned to prison on a parole revocation for a violation not involving an act… Read more
State Charles A. Dunlap, 2002 WI 19, reversing, 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398 For Dunlap: Jack E. Schairer, SPD, Madison Appellate Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault, even… Read more
State v. Carl R. Kramer, 2001 WI 132, reversing and remanding 2000 WI App 271, 240 Wis. 2d 44, 622 N.W.2d 4 For Kramer: Stephen D. Willett Issue1: Whether Kramer established a prima facie case for selective prosecution. Holding: On a selective prosecution claim, the defendant must show both discriminatory purpose and effect. The state concedes discriminatory purpose. As… Read more
State v. Ronald G. Sorenson, 2001 WI App 251, PFR filed For Sorenson: T. Christopher Kelly Issue1: Whether issue preclusion (collateral estoppel) may be used “offensively” by the state in a Ch. 980 trial to bar a respondent from presenting evidence that s/he didn’t commit the offense which underlies the qualifying conviction. Holding: ¶28 Accordingly, we… Read more
State v. Philip M. Canon, 2001 WI 11, 241 Wis. 2d 164, 622 N.W.2d 270, reversing State v. Canon, 230 Wis. 2d 512, 602 N.W.2d 316 (Ct. App. 1999) For Canon: Alan D. Eisenberg ¶1 The question presented in this case is whether the doctrine of issue preclusion bars the State from prosecuting a defendant under… Read more
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether a verdict of acquittal in the defendant’s prior trial estopped the prosecution from retrying the ultimate fact resolved by that acquittal. Holding: ¶7 ‘Under the collateral estoppel doctrine an issue of ultimate fact… Read more
