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
2005-06 Term
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶42 Where a valid order or judgment is a necessary condition for one of the elements of a crime, a collateral attack upon the order or judgment can negate an element of the crime if the order… Read more
State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: Failure to object to the manner of proving a repeater allegation (via CCAP) did not constitute waiver of an objection that the proof was insufficient: ¶51 The State contends that we concluded in Saunders that an… Read more
State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision For Shomberg: Charles W. Giesen; Morris D. Berman Issue/Holding: ¶27 In St. George, this court held that the circuit court’s exclusion of testimony of a defense expert about the victim’s recantation, and about interview techniques particular to child sexual assault cases, unconstitutionally deprived the defendant of… Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶72 Wisconsin Stat. § 973.06 permits the court to impose a lengthy list of costs upon an unsuccessful defendant. At sentencing, the court may require a probationer to reimburse the county or the state, as applicable, “for any… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate (Apparent Dicta): Though a “close question,” in that “(w)hen a marked squad car pulls up behind a car, activates emergency flashers, and points a spotlight at the car, it certainly presents indicia of police authority,” ¶65, the… Read more
State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶26 Under Hodari D. and Kelsey, an uncomplied-with show of authority cannot constitute a seizure. … … ¶37 Mendenhall is the appropriate test for situations where the question is whether a person submitted to a police show of authority… Read more
State v. Tyrone Booker, 2006 WI 79, reversing 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue: Whether conviction under § 948.11, exposing child to harmful materials, can be sustained where the jury heard the children’s and a detective’s descriptions of the videotape but did not themselves view it. Holding: ¶25 When we view… Read more
