29. Postconv. Motions

State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126, PFR filed 5/31/01 For defendants: Robert R. Henak Issue: Whether a motion to reconsider injected sufficiently new issues into the case so as to require a separate notice of appeal to make the order denying… Read more

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier. Holding: Under § 806.07(1)(h), there is no… Read more

State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals. Holding: ¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could… Read more

State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether plea withdrawal is the appropriate remedy where the record contains no evidence that Lopez understood all elements of the offense Holding: ¶22. The proper remedy upon determining that the State failed to establish that Lopez understood the… Read more

State v. Everardo A. Lopez, 2001 WI App 265 For Lopez: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether Lopez made a prima facie showing that the plea colloquy was inadequate. Holding: The Spanish-speaking Lopez had problems, acknowledged by the trial court, communicating with his interpreter and necessitating a continuance of the plea hearing. At neither the… Read more

State v. Bernard G. Fearing, 2000 WI App 229, 239 Wis.2d 105, 619 N.W.2d 115 For Fearing: Patrick J. Stangl Issue: Whether a defendant must first raise a challenge to a condition of probation in a trial-level postconviction motion before seeking relief in the appellate court. Holding: Even if the rule that review of a sentence requires… Read more

State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95 For Scaccio: Jim D. Scott Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction. Holding/Analysis: The principle is readily stated — you can take a direct appeal of a… Read more