State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether the “presumptive mandatory release date” under § 302.11(1g) creates a liberty interest in parole protected by due process. Holding: Prisoners sentenced for a “serious felony” between April 21, 1994, and December 31, 1999, are given a “presumptive” MR date. Discretionary parole does not… Read more
13. Due Process
State v. Ronald Ransdell, 2001 WI App 202, PFR filed 8/27/01 For Ransdell: Ellen Henak, SPD, Milwaukee Appellate Issue: Whether the automatic initial commitment to institutional care provision, § 980.06, on its face violates substantive due process. Holding: A person challenging the constitutionality of a statute must show its infirmity beyond reasonable doubt; a statute restricting liberty… Read more
State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether the trial court’s response to a jury request to see a written report and a transcript of a witness’s testimony — that these items were “not available” — without first seeking defense input was error. Holding: The… Read more
State v. George S. Tulley, 2001 WI App 236 For Tulley: Patrick M. Donnelly Issue: Whether excluding defendant and his attorney from in camera voir dire of several jurors was reversible error. Holding: A defendant has both constitutional and statutory rights to be present, with assistance of counsel, at voir dire, and the trial court therefore erred… Read more
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: The defense was denied exculpatory evidence when a detective testified that the defendant had not been swabbed for gunshot residue when in fact he had, with negative results… Read more
State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Holding: A state’s witness testified that he had two priors, when in fact he had three. The court finds any error harmless, stressing that the witness was a prison inmate and testified in prison clothes – therefore… Read more
State v. Lester E. Hahn, 221 Wis. 2d 670, 586 N.W.2d 5 (Ct. App. 1998) For Hahn: Bruce Elbert Issue/Holding: The meaning of “gambling machine” is sufficiently well-understood as to survive a vagueness challenge. (The court reserves whether “contrivance” might be vague when applied to facts not raised by this case.)… Read more
