State v. Patty E. Jorgensen, 2003 WI 105, affirming unpublished opinion of court of appeals For Jorgensen: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding1: Sentencing guidelines for specified offenses (namely: §§ 346.63 (1) (b) or 346.63(5) [PAC offenses]) are within the authority granted by § 346.65(2m)(a). ¶¶16-18. However, the guidelines do not apply to an offense under § 346.63(1)(a) (OWI), therefore “it is inappropriate for a… Read more
2002-03 Term
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Appellate Issue/Holding: “¶31. In interpreting a constitutional provision, we first turn to the plain meaning of the amendment in context.” The court next examines the legislative history of the amendment, including drafting records of the legislative reference bureau and legislative… Read more
State ex rel Unnamed Persons v. State, 2003 WI 30 For Unnamed Persons: Franklyn M. Gimbel, et al. Issue/Holding: ¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently… Read more
State v. Matthew J. Knapp (I), 2003 WI 121, on certification; vacated and remanded for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590; Knapp I reaffirmed on remand, State v. Matthew J. Knapp (II), 2005 WI 127 For Knapp: Robert G. LeBell Issue: Whether physical evidence derived from a statement taken in violation of Miranda is… Read more
State v. Joseph F. Jiles, 2003 WI 66, reversing unpublished decision of court of appeals For Jiles: Mark S. Rosen Issue/Holding: ¶35. We think it will be a rare case that the State is able to meet its burden of proof at a Miranda–Goodchild hearing by relying exclusively on an unsworn police report. ¶36. In this case, the State did… Read more
State ex rel Unnamed Persons v. State, 2003 WI 30 For Unnamed Persons: Franklyn M. Gimbel, et al. Issue/Holding: ¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently… Read more
Raz v. Brown, 2003 WI 29 Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a… Read more
State ex rel. Leslie Schatz v. McCaughtry, 2003 WI 80, reversing 2002 WI App 167, 256 Wis. 2d 770, 650 N.W.2d 67 For Schatz: T. Christopher Kelly Issue/Holding: Where the court of appeals granted relief on one issue without reaching others raised by the appellant and the supreme court reverses that grant of relief, the… Read more
