State v. Mark J. Roou, 2007 WI App 193 For Roou: John P. Tedesco, SPD, Madison Appellate Issue1: Whether the defendant was entitled to plea-withdrawal on both plea-based counts or only the one count as to which the plea was defective (given that the State promised not to re-prosecute the latter count). Holding1: ¶16 Roou… Read more
B. Published opinions
State v. Charles E. Dukes, 2007 WI App 175 For Dukes: Robert N. Meyeroff Issue/Holding: ¶29 Here, Detective Carter testified that he observed the building at 450 North 33rd Street, saw people coming, staying for a few minutes and leaving, and explained that such traffic was consistent with operating a drug house. He admitted, however… Read more
State v. David C. Quarzenski, 2007 WI APP 212, PFR filed 9/21/07 For Quarzenski: Martin E. Kohler, Christopher M. Eippert Issue: Whether counsel was ineffective for failing to object to the State’s sentencing recommendation where: under the plea bargain the State agreed to and in fact “capped” its recommendation on several counts to a total… Read more
State v. Thomas C. Burton, 2007 WI App 237 For Burton: Timothy A. Provis Issue/Holding: Testimony by a “gang expert” as to the gang-affiliation of certain witnesses, in an effort to explain their motive to testify as they did, was irrelevant in the absence of any evidence that the defendant was himself a gang member: ¶14… Read more
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶14 Although Cockrell describes his challenge to the prosecutor’s use of his post- Miranda silence as a violation of his Fifth Amendment right to remain silent, the substance of his argument is the due process analysis employed… Read more
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶16 Building on footnote 11 in Doyle, courts have recognized situations in which it is not a violation of due process for the prosecutor to elicit on cross-examination the fact of the defendant’s post- Miranda silence for… Read more
State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶31 … (A)s long as the prosecutor does not ask the jury to make a direct inference of guilt from the defendant’s post-arrest silence, asking the jury to draw inferences that impeach the defendant’s volunteered testimony on… Read more
State v. Louis H. LaCount, 2007 WI App 116, affirmed, 2008 WI 59, ¶20 For LaCount: T. Christopher Kelly Issue/Holding: ¶19 Under Wis. Stat. § 907.04, “[t]estimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.” See, e.g… Read more
