State v. Calvin Gregory, 2001 WI App 107, PFR filed 5/10/01 For Gregory: Meredith Ross, LAIP, UW Law School Issue1: Whether defendant was entitled to a Batson hearing on the prosecutor’s articulated reasons for striking the lone African-American juror. Holding1: The prosecutor’s asserted reasons — concerns about juror’s truthfulness; close proximity of juror’s residence to alleged scene of… Read more
Published 2001
State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.w.2d 142 For Badker: Timothy A. Provis Issue: Whether Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation. Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on… Read more
State v. Joseph K. Bryant, 2001 WI App 41, 241 Wis. 2d 554, 624 N.W.2d 865 For Bryant: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the “routine booking question” exception to Miranda permitted questions about biographical data. Holding: Miranda warnings need not precede routine questions that merely gather background biographical data in the booking… Read more
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether an unpublished decision may be cited for its “persuasive” value. Holding: ¶7 n. 6: We acknowledge that the cited order from the Seventh Circuit is an ‘unpublished opinion.’ However, the Seventh Circuit’s rule only prohibits citation of an ‘unpublished opinion’ as… Read more
State v. Eric D. Gillespie, 2001 WI App 35, PFR filed 2/1/05 For Gillespie: John Anthony Ward Issue: Whether, following bindover by court commissioner under § 757.69(1)(b), a defendant may obtain a “preliminary hearing de novo” (i.e., a second preliminary hearing) in circuit court under § 757.69(8). Holding: ¶7 The State contends that WIS. STAT… Read more
State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126, PFR filed 5/31/01 For defendants: Robert R. Henak Issue: Whether a motion to reconsider injected sufficiently new issues into the case so as to require a separate notice of appeal to make the order denying… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier. Holding: Under § 806.07(1)(h), there is no… Read more
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether the appeal is sufficiently frivolous to warrant sanctions. Holding: ¶19. On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. § 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should… Read more
