State v. Jerry L. Parker, 2002 WI App 159, PFR filed 5/20/02 For Parker: William Christopher Rose Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial… Read more
46. WI Court of Appeals
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: The trial court erred in granting a motion to modify sentence without either seeking the state’s response or holding a hearing. Procedure on motion to modify sentence is similar to that for a post-conviction motion under § 974.06(3)… Read more
State v. Jonathan J. English-Lancaster, 2002 WI App 74, PFR filed 3/22/02 For English-Lancaster: Steven D. Phillips, SPD, Madison Appellate Issue: Whether defendant waived an objection to the violation of an in limine order, by waiting until a recess to enter an objection. Holding: ¶17. When the State violated the stipulation and the court’s order… Read more
State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: Failure to object to portions of closing argument didn’t waive right to challenge them on appeal, where defendant obtained a “definitive pretrial ruling” which “served to preserve (his) position for appeal.” ¶25 n. 9… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Where restitution was for counseling expenses, Johnson failed to show good cause for discovery of her counseling records. ¶¶28-30… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Because record is clear that trial court ordered restitution, court of appeals refuses to recharacterize (and uphold) order as condition of probation: ¶25 As a final argument, the State contends that even if W.L.’s wages are not recoverable under WIS. STAT. § 973.20, the circuit court… Read more
State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue: Whether delay of 18 months in setting restitution amount deprived court of jurisdiction to enter the restitution order. Holding: Statutory time limits for setting restitution are regulatory, not jurisdictional, and may be exceeded when there is a valid reason and no prejudice… Read more
State v. Jeffrey Kenneth Krohn, 2002 WI App 96 Issue: Whether the remedy for a conceded violation in following statutory procedure, including time limit, in determining restitution amount is remand for a restitution hearing under proper procedure. Holding: ¶13 While we accept Krohn’s challenge to the circuit court’s restitution order, we reject his attempt to prevent the… Read more
