State v. Ray A. Schiller, 2003 WI App 195 For Schiller: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: ¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability… Read more
46. WI Court of Appeals
State v. Richard G.B., 2003 WI App 13, PFR filed 1/13/03 For Richard G.B.: Bridget E. Boyle Issue/Holding: Sentence of 18 years for sexual assault of a child (mouth-vagina intercourse with 15 year-old niece) wasn’t harsh and excessive, measured against a maximum possible sentence of 20 years. Trial court also “articulated its reasoning for the sentence… Read more
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: Sentence of initial confinement of 35 years not excessive: ¶25. Although we recognize that trial courts should impose “‘the minimum amount of custody'” consistent with the appropriate sentencing facts, State v. Hall, 2002… Read more
State v. Joseph A. Lombard, 2003 WI App 163, affirmed, other grounds, 2004 WI 95 For Lombard: David R. Karpe Issue/Holding: Evidence sufficient to support commitment though only one state’s expert supported commitment against three defense experts: ¶21 … The State’s expert, a psychologist who evaluated Lombard for the purpose of determining whether proceedings under… Read more
State v. James Lalor, 2003 WI App 68, PFR filed 4/15/03 For Lalor: T. Christopher Kelly Issue/Holding: Evidence based on actuarial instruments (RRASOR; PCL-R; MnSOST-R; V-RAG), to the effect that of people with similar scores about 50% reoffend within five years and 70% within ten years, supports finding of substantial likelihood to engage in sexual… Read more
State v. Bryan Hoover, 2003 WI App 116, PFR filed 6/26/03 For Hoover: Glenn C. Cushing, SPD, Madison Appellate Issue/Holding: The defense wasn’t entitled to cross-examine a prosecution witness about the sentence he received on an otherwise unrelated charge, where the witness wasn’t offered a benefit in exchange for his testimony. Allowing the defense to… Read more
State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30 For Chvala: Lawton & Cates Issue/Holding: ¶23. Chvala asserts that Wisconsin courts do not rely on decisions from other states to interpret the Wisconsin Constitution, and he asks that we not consider the above cases in reaching our decision. We recognize that none… Read more
State ex rel Darrell W. Griffin v. Litscher, 2003 WI App 60 Issue/Holding: ¶5. Mandamus is an extraordinary writ which may be used to compel a public officer to perform a duty which he or she is legally bound to perform. Karow v. Milwaukee County Civil Serv. Comm., 82 Wis. 2d 565, 568 n.2, 263… Read more
