State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals For Oakley: Timothy T. Kay Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement… Read more
A. General provisions, Ch. 901
State v. Michael F. Howard, 2001 WI App 137 Issue/Holding: Failure to object to plea bargain breach waives the issue, leaving ineffective assistance of counsel the only mechanism for raising it. ¶21. Also see, State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) (asserted plea bargain violation held waived, under State… Read more
State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1 For Williams: John A. Pray Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain. Holding: ¶13: (T)he trial court recognized it as an objection and initially… Read more
(See also Appeals, Waiver; and Evidence, Objection) State v. Charles J. Benoit, 229 Wis.2d 630, 600 N.W.2d 193 (Ct. App. 1999). For Benoit: Meredith J. Ross, LAIP. Holding: “(A) defendant who makes a motion in limine preserves the right to appeal the issue raised by the motion without renewing the motion at trial,” but only… Read more
State v. David C. Tutlewski, 231 Wis.2d 379, 605 N.W.2d 561 (Ct. App. 1999) For Tutlewski: Dianne M. Erickson Issue: Whether citation to relevant authority preserved an evidentiary objection. Holding: The issue was preserved by contemporaneous objection that included citation to relevant caselaw: ¶10 At trial and before Carver was permitted to testify, Tutlewski renewed… 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 Holding: Gardner attempted to raise an involuntary intoxication defense, § 939.42(1), based on the effects of prescription medication. The trial court heard his offer of proof and barred his expert (psychiatrist) from… 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, under the doctrine of completeness, in refusing to admit certain portions of Anderson’s statement to a detective. Holding: The completeness doctrine trumps the hearsay rule, and the trial court… 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
