State v. Cherise A. Raflick, 2001 WI 129 For Raflik: Michael J. Fitzgerald, Dean A. Strang Issue/Holding: ¶1. This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12(3)(d)1, and when the factual basis for the… Read more
C. Briefs/Appendices
State v. Michael Johnson, 2001 WI App 105 For Johnson: David R. Karpe Issue: Whether defendant’s partially successful trial strategy of defending against two counts of possession of intent to deliver of claiming personal use on one count and denial of any knowledge of the substance in the second count judicially estopped him from arguing on… Read more
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial. Holding: Although Davidson objected to… Read more
Mogged v. Mogged, 2000 WI App 39, 233 Wis. 2d 90, 607 N.W.2d 662 Issue/Holding: Brief adopting “vituperative tone” and making misleading, unsupported arguments violates Rules of Professional Conduct and is stricken. ¶¶21-24. (Note that the court cites 7th Circuit caselaw, ¶22, suggesting that decisions from that body are very pertinent.) Appellate briefs containing personal… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents… Read more
State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue/Holding: “We do not consider an argument mentioned only in a footnote to be adequately raised or preserved for appellate review,” ¶6 n.4. Interesting that the holding itself happens to be contained in a footnote… Read more
State v. Daniel G. Scheidell, 230 Wis.2d 189, 601 N.W.2d 284 (1999), on reconsideration of State v. Scheidell, 227 Wis.2d 285, 595 N.W.2d 661 (1999). For Scheidell: Mitchell E. Cooper, SPD, Madison Holding: Having previously refused to entertain Scheidell’s alternative argument in support of the decision being appealed, 227 Wis. 2d at 288 n. 1… Read more
State v. Lucian Agnello, 226 Wis.2d 164, 593 N.W.2d 427 (1999), reversing unpublished decision For Agnello: Jerome F. Buting & Pamela Moorshead, Buting & Williams Issue/Holding: On a motion to suppress statement, counsel’s bare relevancy objection to an inquiry into the statement’s truthfulness is held sufficient to preserve a Rogers v. Richmond/Jackson v. Denno objection… Read more
