State v. Alan J. Ernst, 2005 WI 107, on certification For Ernst: Jeffrey W. Jensen Issue1: Whether violation of the standards mandated by State v. Klessig, 211 Wis. 2d 194 ¶24, 564 N.W.2d 716 (1997) for valid waiver of counsel supports a collateral attack on a prior conviction. Holding1: ¶25 … For there to be a valid collateral… Read more
2004-05 Term
State v. Michael D. Sykes, 2005 WI 48, affirming unpublished decision of court of appeals For Sykes: Jeffrey J. De La Rosa Issue/Holding: Where the police had probable cause to arrest for criminal trespass, they did not have to subjectively intend to arrest the person for that offense in order to perform a search incident to arrest. And, though… Read more
State v. James P., 2005 WI 80, affirming, 2004 WI App 124 Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment. Holding: ¶15 We hold that an individual who is in fact the biological father of a… Read more
Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision IssueWhether competency challenge to a TPR proceeding is waived under § 48.422(2) if not first raised in circuit court. Holding: ¶2 We conclude such a competency challenge based on the violation of the statutory time limitation of Wis. Stat. § 48.422(2) cannot be waived, even though… Read more
State v. Derek Anderson, 2005 WI 54, on certification For Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶59 We agree with the State that while Krnak’s statement to Ellifson does not technically qualify as an excited utterance, or statement of recent perception due to timing problems, it does… Read more
State v. Antwan B. Manuel, 2005 WI 75, affirming 2004 WI App 111 For Manuel: Steven D. Phillips, SPD, Madison Appellate Issue/Holding1 [general principles]: ¶29 … As this court summarized in Weed, for a statement to fit recent perception exception, it must pass the following three criteria: (1) the statement was not made in response… Read more
State ex rel. Individual v. Davis, 2005 WI 70, on certification For Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15 A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6]As a remedy, writs of prohibition are often used in… Read more
State v. Eric W. Raye, 2005 WI 68, reversing unpublished decision of court of appeals For Raye: Brian C. Hough Issue: Whether the defendant failed to lodge contemporaneous objection (which would have waived appellate challenge) to a non-unanimous verdict revealed during jury polling when a juror indicated he did not in fact subscribe to the… Read more
