State v. Charles E. Young, 2006 WI 98, affirming 2004 WI App 227 For Young: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶19 … (T)his court ordinarily adopts and follows the Fourth Amendment jurisprudence of the United States Supreme Court.… ¶27 Young, however, argues that we should reject Hodari D. and interpret Article I… Read more
2005-06 Term
State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order For Taylor: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶17 The standards governing appellate review of an imposed sentence are well settled. [9] A circuit court exercises its discretion at sentencing, and appellate review is limited to determining if the court’s discretion was erroneously exercised. … ¶27 … Read more
State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remandingsummary order of court of appeals For Coleman: Brian Kinstler Issue/Holding: ¶28 Prihoda, Sawyer, Lohr and Schafer all employ a three-element test where the first element is unreasonable delay in bringing the claim and the other two elements apply to the party asserting laches: lack of knowledge (that the claim… Read more
Village of Cross Plains v. Kristin J. Haanstad, 2006 WI 16, reversing unpublished decision For Haanstad: John M. Gerlach Issue: Whether sitting in the driver’s seat of a running, parked car is, without more, “operating” a motor vehicle within § 346.63. Holding: ¶15 The term “operate” is defined in § 346.63(3)(b), which reads: “‘Operate'” means the physical manipulation… 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State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether CCAP entries can satisfy the State’s burden of proving a repeater allegation. Holding: Although the rules of evidence do not apply to proof of a repeater and a prior conviction need not be proved… 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State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether post-plea amendment of the repeater allegation to change its basis prejudiced the defendant hence was improper. Holding: ¶31 It is the State’s burden to prove that Bonds was not prejudiced and Wis. Stat… 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State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶30 When considered together, this precedent establishes the following principles: (1) The purpose of the allegations of repeater status in a charging document is to provide the defendant with sufficient notice of the… Read more
State v. Brian Hibl, 2006 WI 52, reversing 2005 WI App 228 For Hibl: Joel H. Rosenthal Issue: Whether an identification resulting from an “accidental” encounter between witness and defendant in a courthouse hallway immediately before trial is suppressible, in the absence of any evidence that this incident involved a law enforcement procedure directed at obtaining an identification… Read more
