State v. Kenneth A. Hudson, 2004 WI App 99 For Hudson: David D. Cook Issue/Holding: ¶13. Hudson also argues he is entitled to court-ordered DNA testing under Wis. Stat. § 974.07(7)(a). Subsection (7)(a) requires the trial court to order DNA testing when the following four conditions are met: A court in which a motion under sub… Read more
29. Postconv. Motions
State v. Shawn D. Schulpius, 2004 WI App 39, PFR granted 4/20/04 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Pendency of appeal doesn’t prevent trial court from hearing motion to reconsider, ¶33, n. 8: Second, Schulpius argues that the trial court did not have jurisdiction to grant on November 29, 2000, the State’s motion for reconsideration because… Read more
State v. Thomas H. Bush (II), 2004 WI App 193, reversed in part, 2005 WI 103 For Bush: Robert G. LeBell Issue: Whether Bush, on appeal from denial of petition for release from SVP commitment, § 980.09(2), is procedurally barred from challenging the constitutionality of his underlying commitment because he could have raised such challenge… Read more
State v. Anou Lo, 2003 WI 107, affirming unpublished opinion of court of appeals; habeas relief denied, Lo v. Endicott, 7th Cir No. 06-3948, 10/26/07 For Lo: Robert R. Henak Amicus Briefs: Joseph N. Ehmann, Wm. J. Tyroler, SPD; Meredith J. Ross, Walter J. Dickey, UW Law School Issue/Holding: ¶2. The petitioner, Anou Lo, asks… Read more
State v. Larry G. Edwards, 2003 WI 68, reversing unpublished summary order of court of appeals For Edwards: Martha K. Askins, SPD, Madison Appellate Issue: Whether, after the trial court dismissed a criminal case due to violation of intrastate detainer act time limits, the state’s motion for reconsideration was supported by a “new issue,” namely whether the dismissal… Read more
State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony. Holding: ¶32. A defendant has a right to postconviction discovery… Read more
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶16. Jipson’s answers, while incriminating, have no bearing on the focus here. That is, the answers do not establish Jipson knew the State had to prove the purpose of the sexual contact was an element of the… Read more
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶7. When challenging a guilty or no contest plea, the defendant has the initial burden to produce a prima facie case comprised of the following two parts. First, the defendant must show the trial court accepted the… Read more
