Follow Us

Facebooktwitterrss
≡ Menu

Published 1998

State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999) For Johannes: Gregory A. Petit Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now… Read More

{ 0 comments }

State v. Charles Dante Higgs, 230 Wis.2d 1, 601 N.W.2d 653 (Ct. App. 1999) For Higgs: Joseph E. Redding Issue: Whether splashing the victim’s face with urine satisfies the battery element of bodily harm. Holding: The mere fact that urine struck the victim’s face isn’t enough to establish bodily harm, but the victim’s testimony that he felt… Read More

{ 0 comments }

Custody — Terry-type Investigation

State v. Dale Gruen, 218 Wis. 2d 581, 582 N.W.2d 728 (Ct. App. 1998) For Gruen: Scott F. Anderson Issue/Holding: … (W)hether or not Gruen was being detained pursuant to a Terry stop, or had been arrested for Fourth Amendment purposes, is not the determinative consideration. The only important inquiry is whether, for Fifth amendment… Read More

{ 0 comments }

State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998) For Jones: Michael S. Holzman Issue/Holding: The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to… Read More

{ 0 comments }

State v. Spriggie Hensley, Jr., 221 Wis. 2d 473, 585 N.W.2d 683 (Ct. App. 1998) For Hensley: Pro se Issue/Holding: The rule that a defendant’s representation by the same attorney at trial and on direct appeal constitutes a “sufficient reason” for not asserting ineffective assistance of counsel in the direct appeal survives State v. Escalona-Naranjo… Read More

{ 0 comments }

State v. Donald Mentzel, 218 Wis. 2d 734, 581 N.W.2d 581 (Ct. App. 1998) For Mentzel: Raymond M. Dall’Osto Issue/Holding: We agree with the logic of Napoles. For purposes of § 974.06, Stats., the reality of a probationary status is that it results directly from the trial court’s consideration of dispositional alternatives at a sentencing… Read More

{ 0 comments }

Appeal – Right to, Forfeited by Flight

State v. LaMontae D.M., 223 Wis.2d 503, 589 N.W.2d 415 (Ct. App. 1998) For LaMontae: Terry Rose Issue/Holding: A juvenile’s absconding from a residential treatment center forfeits his/her right to appeal the delinquency adjudication that placed him in the center. In other words, State v. Braun, 185 Wis. 2d 152, 516 N.W.2d 740 (1994), which… Read More

{ 0 comments }

State v. James D. Minniecheske, 223 Wis.2d 493, 590 N.W.2d 17 (Ct. App. 1998) For Minniechske: Jane K. Smith Issue: Whether the sentencing court possessed authority to order refund of money ($1500+) improperly seized from Minniecheske’s prison account to satisfy restitution. Holding: We conclude that the trial court correctly amended the judgment of conviction to remove the restitution… Read More

{ 0 comments }