State v. Corey J. Hampton, 2004 WI 107, affirming 2002 WI App 293, 259 Wis. 2d. 455, 655 N.W.2d 131 For Hampton: Melinda A. Swartz, SPD, Milwaukee Appellate Issue1: Whether the trial court must advise a guilty plea defendant personally on the record that the court isn’t bound by a plea agreement, and ascertain whether the defendant understands… Read more
2003-04 Term
State v. Johnnie Carprue, 2004 WI 111, reversing 2003 WI App 148 For Carprue: Stephanie G. Rapkin Issue/Holding: ¶39 … (A)ppellate courts are sensitive to judicial intervention by a trial judge in the form of judicial witnesses and judicial questioning …. ¶40 … We have always recognized judicial authority to call and interrogate witnesses but simultaneously admonished… Read more
State v. Victor K. Johnson, 2004 WI 94, affirming unpublished decision of court of appeals Issue: Whether the State impermissibly cross-examined the defendant about the truthfulness of another witness. Holding: ¶2. We conclude that the purpose and effect of the prosecutor’s cross-examination of Johnson was to impeach Johnson’s credibility, not to bolster the credibility of… Read more
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866 For Burris: Joseph L. Sommers Issue: Whether, on revocation of supervised release of a sexually violent person, § 980.06(2)(d) (1997-98), the circuit “court must, for any reason, expressly consider alternatives to revocation before revoking supervised release… Read more
State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶7 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. This court has held that it may decide an otherwise moot issue if it: (1) is of great public importance… Read more
State v. Kevin Harris, 2004 WI 64, affirming as modified 2003 WI App 144, 266 Wis. 2d 200, 667 N.W.2d 813 For Harris: Steven A. Koch Issue/Holding: ¶16 Therefore, the court of appeals in the instant case misstated the law when it held that “the State violates the Constitution if it withholds the type of… Read more
Sampson v. Sampson, 2004 WI 57, reversing 2003 WI App 141, 265 Wis. 2d 803, 667 N.W.2d 831 Issue: “¶2 The question before this court is whether a lawyer’s voluntary production of documents in response to opposing counsel’s discovery request constitutes a waiver of the attorney-client privilege under Wis. Stat. § (Rule) 905.11 when the lawyer does not… Read more
State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867 For Deilke: Kelly J. McKnight Issue: Whether a defendant’s successful challenge to a prior plea-bargain based conviction that is being used as an enhancer in a current proceeding amounts to a breach of that prior… Read more
