State v. Dale H. Chu, 2002 WI App 98 For Chu: Andrew Shaw, Rex R. Anderegg Issue/Holding: ¶41. In his reply brief, Chu offers no response to the State’s argument concerning information about Wales. Unrefuted arguments are deemed admitted. See Charolais Breeding Ranches v. FPC Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493… Read more
46. WI Court of Appeals
State v. Marvin C. Seay, State v. Christopher Tillman, 2002 WI App 37 Issue/Holding: ¶1. In these two appeals, the appellants filed unsigned notices of appeal with the clerks of the circuit courts. The issue is whether the failure to sign the notice of appeal deprives this court of appellate jurisdiction. In accord with the… Read more
State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation. Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring… Read more
State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: ¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the… Read more
State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The defendant’s right to personal presence at a postconviction evidentiary hearing hinges on the existence of substantial issues of fact in which the defendant participated. Here, there was a substantial dispute, but it related to a “side issue,”… Read more
State v. Anthony J. Dentici, Jr., 2002 WI App 77, PFR filed 2/5/02 For Dentici: Joseph E. Redding Issue/Holding: ¶1 … Dentici claims that he is entitled to twenty-five days’ credit pursuant to State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), because, after being sentenced to sixty days at the House of… Read more
State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The trial court has inherent authority to vacate or modify an order (including, as in this instance, on state’s motion). ¶¶13-15… Read more
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
