State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision For Shomberg: Charles W. Giesen; Morris D. Berman Issue/Holding: Trial court’s refusal to admit expert testimony on factors influencing witness’s ability to identify a stranger during a lineup procedure, in particular the distorting effect of a simultaneous as opposed to sequential procedure, was not… Read more
2005-06 Term
State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision For Shomberg: Charles W. Giesen; Morris D. Berman Issue/Holding: ¶39 Finally, we determine that the circuit court did not erroneously exercise its discretion in refusing to admit testimony regarding Shomberg’s offer to take a polygraph examination. … However, such an offer is only “relevant… Read more
State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: The defendant’s striking the victim “twice with two separate objects, each time committing herself to strike the baby, each blow separate, distinct, not identical in fact,” supports two separate charges of first-degree reckless injury, § 940.23(1)(a), ¶¶49-50. … Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a § 948.31 defendant is entitled to raise a common-law privilege defense against the element of “legal custody” by collaterally attacking the court’s custody order as having been procured by fraud. Holding: ¶56 There are good reasons… Read more
Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14 By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read more
State v. Robert K., 2005 WI 152, affirming unpublished opinion Issue: Whether a TPR court lost competency to proceed because the fact-finding hearing was held more than 45 days after the contested plea hearing, the time limit set by § 48.422(2). Holding: A continuance of the fact-finding hearing beyond the 45-day limit may properly be… Read more
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion For Shannon R.: Brian C. Findley, SPD, Madison Appellate Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding… Read more
State v. Bill P. Marquardt, 2005 WI 157, on certification; prior history: 2001 WI App 219 For Marquardt: John Brinckman; Patricia A. Fitzgerald Issue/Holding: The good-faith exception is inapplicable when indicia of probable cause are so lacking as to render official belief in its existence unreasonable. This inquiry is distinct from the question of whether the supporting facts… Read more
