court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for… Read more
5. Inaccurate information
State v. Larry A. Tiepelman, 2006 WI 66, reversing 2005 WI App 179 For Tiepelman: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether, on a claim that the sentence violated due process because based on inaccurate information, the defendant must show not only sentencing court reliance on the inaccurate information, but also prejudicial reliance. Holding: ¶2 We hold that in a… Read more
State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06 For Lynch: David R. Karpe Issue: Whether the sentencing court’s reliance on a television interview of the defendant, which led the court to criticize the defendant as “self-serving” rather than remorseful, violated the due process right to be sentenced on accurate information. Holding: ¶24 We… Read more
State v. Jeris M. Moore, 2006 WI App 162 For Moore : Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶8 The issue in this case is whether the trial court erred when it denied Moore ’s motion without an in camera review of the confidential juvenile records. We conclude that the trial court should have conducted an in… Read more
State v. James L. Montroy, 2005 WI App 230 For Montroy: Jay E. Heit; Stephanie L. Finn Issue/Holding1: Though information before the sentencing court was indisputably inaccurate, the court took remedial action by ordering that this information be stricken, and thus Montroy can’t satisfy his burden of showing actual reliance on inaccurate information. ¶¶9-11. (State v… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state concedes… Read more
State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Trial court disclaimer (via postconviction ruling) of reliance on information challenged as inaccurate isn’t binding: rather, appellate court “may independently review the record to determine the existence of any such reliance.” ¶¶27-28. Here… Read more
