State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02 For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate Issue/Holding: Reviewing court may address merits of attack on sentence based on inaccurate information, notwithstanding absence of contemporaneous objection. ¶25. It is appropriate here for the court to overlook waiver, where the state concedes… Read more
1. Objection requirement
State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grds., 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 For Leitner: Jim Scott Issue: Whether the defendant waived his right to object to trial court reliance on certain information by failing to lodge a contemporaneous objection. Holding: ¶41 … When the prosecutor subsequently argued… Read more
State v. Stanley A. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, affirmed, other grounds, 2002 WI 34 For Samuel: Robert R. Henak Issue: Whether the defendant waived objection to the sentencing court’s reliance on information sealed from the defendant’s inspection. Holding: ¶42 We accept the State’s waiver argument. First, just because the… Read more
