State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶43. The State maintains that the court of appeals erred in interpreting Sullivan. We agree. Sullivan does not state, as the decision of the court of appeals suggests, that in situations where the circuit court fails to set forth… Read more
2002-03 Term
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶58. First, the circuit court could reasonably have concluded, as it did, that the other-acts evidence was admissible for the purpose of establishing context. Other-acts evidence is permissible to show the context of the crime and… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶59. The other-acts evidence was permissible to show the victims’ state of mind, to corroborate information provided to the police, and to establish the credibility of victims and witnesses in light of their recantations. Such… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶60. Next, the circuit court could reasonably have concluded that the other-acts evidence was admissible for the purpose of establishing opportunity and motive. When a defendant’s motive for an alleged sexual assault is an element of… Read more
State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: ¶33. With the benefit of these above-stated standards, we now move to the second issue: the application of the procedures in this case. The parties here agree, as do we, that it was error for the circuit court to… Read more
State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: The test for disclosing an informant’s identity under § 905.10(3)(b) is found in the concurrence to State v. Outlaw, 108 Wis. 2d 112, 321 N.W.2d 145 (1982): ¶24. We now reaffirm our holding in Dowe that the concurrence in Outlaw states the test… Read more
State v. Jeffrey J. Meeks, 2003 WI 104, overruling State v. Jeffrey J. Meeks, For Meeks: Christopher T. Van Wagner Issue: Whether the trial court, in ruling on competency, improperly relied on its perceptions of the defendant’s attorney in a prior case, in stressing that that attorney hadn’t raised competency. Holding: ¶1 … At issue… Read more
State v. Paul J. Stuart, 2003 WI 73, on certification (subsequently reversed on other grounds, State v. Paul J. Stuart, 2005 WI 47) For Stuart: Christopher W. Rose Issue/Holding: Supreme court disposition of an earlier appeal via summary order is law of the case as to subsequent appeal; the order resolved a question of law despite failing to state… Read more