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5. Costs

Costs — Bail, as Satisfaction

State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: The plain text of § 969.02(6) mandates that bail money be used to satisfy court costs, with no room for discretionary return to the depositor rather than payment of costs. ¶¶7-9. This is a misdemeanor, but the relevant… Read More


Costs — Travel Expense of State’s Witness

State v. Gary L. Gordon, 2002 WI App 53, reversed on other grounds, 2003 WI 69 For Gordon: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: The trial court erroneously exercised discretion in imposing costs for the travel expense of an officer, in that this expense was necessitated by a change in trial date attributable primarily to the prosecution… Read More


Costs — Order to Produce

State v. Tronnie M. Dismuke, 2001 WI 75, 244 Wis. 2d 457, 628 N.W.2d 791, reversing and remanding, 2000 WI App 198, 238 Wis. 2d 577, 617 N.W.2d 862 For Dismuke: Richard D. Martin, William S. Coleman, SPD, Milwaukee Appellate< Issue: Whether a defendant may have to bear costs of being produced from prison for court appearances… Read More


State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte. Issue/Holding: The jail assessment in §§ 302.46(1) & 814.60(2)(ag) is contingent on imposition of a fine or forfeiture. Section 814.60(2)(ag), STATS., provides that “[i]n addition to any fine imposed, a defendant shall be required to pay any … [j]ail assessment… Read More


Costs – payment for sexual assault examination

State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999) For Rohe: Charles B. Vetzner, SPD, Madison Appellate. Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial. Holding: Because the examination was part of the state’s investigation… Read More


Costs – allocated per count, § 814.60(1)

State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis.  … Read More