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7. Common law PCMs

Postconviction Discovery

State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony. Holding: ¶32. A defendant has a right to postconviction discovery… Read More

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Discovery – Privileged Records

State v. Frederick Robertson, 2003 WI App 84 For Robertson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records… Read More

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Name Change, Judgment of Conviction

State v. John D. Tiggs, Jr., 2002 WI App 181 Issue/Holding: ¶9. We agree with Tiggs that once he has changed his legal name, he has a positive right to be called by that name. But he may also, by conduct, forfeit that right. If he calls himself by some other name, he has announced… Read More

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Sentence Modification – Notice to State

State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: The trial court erred in granting a motion to modify sentence without either seeking the state’s response or holding a hearing. Procedure on motion to modify sentence is similar to that for a post-conviction motion under § 974.06(3)… Read More

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State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether defendant is entitled to have reviewed on the merits issues that either were, or could have been, raised on prior appeals. Holding: ¶13. On appeal, Casteel raises three arguments, two of which we previously have addressed. He provides no reasoning why he could… Read More

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Postconviction Discovery

State v. Delano J. O’Brien, 223 Wis.2d 303, 588 N.W.2d 8 (1999), reconsideration denied, 225 Wis.2d 247, 591 N.W.2d 846 (1999), affirming 214 Wis.2d 327, 572 N.W.2d 870 (Ct. App. 1997) For O’Brien: Martin E. Kohler, John C. Thomure, Jr. Issue/Holding: O’Brien sought to obtain certain exhibits for postconviction testing. Though the court of appeals enunciated certain guidelines for… Read More

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