State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶21 Wisconsin Stat. § 901.03(4) (2003-04) recognizes the plain error doctrine. [3] The plain error doctrine allows appellate courts to review errors that were otherwise waived by a party’s failure to object. State v. Mayo, 2007… Read more
2007-08 Term
State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision For Jorgensen: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶39 Jorgensen’s right to confrontation was also violated during the prosecutor’s closing argument. The prosecutor took what the jury had improperly heard during the trial a step further. She “testified” that Jorgensen was a “chronic… Read more
State v. Sou W. Her, 2008 WI 39, dismissing as improvidently granted, review of unpublished decision For Her: Donald J. Chewning Issue/Holding: ¶2 This case involves Her’s agreement to plead guilty in exchange for an aggregate 15-year sentence recommendation from the State (10-years initial confinement with 5-years extended supervision). The record clearly indicates that the… Read more
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decisionFor Harris: Ralph J. Sczygelskis Issue/Holding: A document, identified to the jury as “recognizance of bond in a criminal case … by the defendant,” found in the same room as a controlled substance and meant to show his connection to the drug, was inadmissible: ¶82 Criminal History Generally Inadmissible. Ordinarily… Read more
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether the circuit court erroneously admitted an attorney’s expert opinion testimony that LaCount had engaged in a securities transaction. Holding: ¶19 As noted previously, appellate courts use the deferential erroneous exercise of discretion standard when reviewing… Read more
State v. Leonard J. Quintana, 2008 WI 33, affirming 2007 WI App 29 For Quintana: James B. Connell, Robyn J. DeVos, William R. Kerner Issue/Holding: ¶70 To constitute mayhem, the State must show that the defendant had (1) the specific intent to disable or disfigure; (2) by cutting or mutilating the tongue, eye, ear, nose… Read more
State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: Alleged violations, between 1965 and 1972, of since-repealed ch. 944 sexual assault statutes come within the statute of limitations provision extant during that time frame. There is, of course, a whole lot more to it than that, at… Read more
State v. Ramon Lopez Arias, 2008 WI 84, on Certification For Arias: Lora B. Cerone, SPD, Madison Issue/Holding: ¶20 Historically, we have interpreted Article I, Section 11 of the Wisconsin Constitution in accord with the Supreme Court’s interpretation of the Fourth Amendment. See, e.g., State v. Malone, 2004 WI 108, ¶15, 274 Wis. 2d 540, 683… Read more
