State v. David S. Stenklyft, 2005 WI 71, on bypass For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: The prosecutorial veto written into the TIS sentence-adjustment provision, § 973.195, is unconstitutional: ¶83 … “[S]hall” is interpreted as directory, thereby giving a circuit court discretion to accept or reject an objection from a district attorney on a… Read more
2004-05 Term
State v. David S. Stenklyft, 2005 WI 71, on bypass For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: ¶126 [T]he record of the proceedings must clearly demonstrate that the circuit court exercised its discretion and weighed the appropriate factors when the court reached its decision on sentence adjustment. An example of such balancing would be… Read more
State v. James Hubert Tucker, Jr., 2005 WI 45, affirming summary order of court of appeals For Tucker: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶18 An analysis of 2001 Wis. Act 109 by the Legislative Reference Bureau clearly supports the conclusion that persons sentenced under TIS-I are able to utilize the procedure set forth in Wis… Read more
State v. John R. Maloney, 2005 WI 74, affirming 2004 WI App 141, but nonetheless retaining jurisdiction pending resolution of other issues For Maloney: Lew A. Wasserman Issue/Holding: Failure to move to suppress evidence based on asserted violation of SCR 20:4.2 does not support deficient performance, given that applicability of this Rule was not settled: ¶23 The split of authorities described… Read more
State v. Derek Anderson, 2005 WI 54, on certification Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶47 We conclude that § 939.03(1)(a) is satisfied upon proof that the defendant committed an act in Wisconsin manifesting the intent to kill. Specifically, intent to kill, which is a constituent element… Read more
State v. Peter A. Fonte, 2005 WI 77, reversing unpublished decision For Fonte: Martha A. Askins, SPD, Madison Appellate Issue/Holding: § 940.09 is constitutional, as against a challenge that it relieves the State of proving a causal connection between intoxication and death; reasoning in, and result of, State v. Caibaiosai, 122 Wis. 2d 587, 363 N.W.2d 574 (1985)… Read more
State v. Peter A. Fonte, 2005 WI 77, reversing unpublished decision For Fonte: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Fonte’s emotionally charged statement to a police officer at the scene that he “thought the boat was out of gear,” corroborated by a companion’s “grudging admission that he had agreed that Fonte was operating the boat” is sufficient… Read more
State v. Michael A. DeLain, 2005 WI 52, affirming, as modified, 2004 WI App 79 For DeLain: Robert R. Henak Issue/Holding: ¶9 To obtain a conviction for a violation of Wis. Stat. § 940.22(2), the State must prove three elements beyond a reasonable doubt: (1) that the defendant was or held himself or herself out to… Read more
