Published 2009

State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Sentence was based on proper exercise of discretion, including gravity of offense and defendant’s character and “long-term treatment needs,” ¶¶38-44.  … Read more

State v. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: The sentencing court properly considered a count for which Prineas was acquitted, as well as uncharged, “sexually inappropriate behavior,” ¶28, citing State v. David Arredondo, 2004 WI App 7.  … Read more

State v. Corey E. Young, 2009 WI App 22, PFR filed 1/7/09 For Young: Jeffrey W. Jensen Issue/Holding: The trial court, in sentencing for first-degree intentional homicide, sufficiently explained why it was assigning extended supervision eligibility of 50 years’ confinement (rather than the 40 recommended by the State). Weight given each sentencing factor is committed to the… Read more

State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: Trial court refusal to allow Prineas to substitute one retained counsel for another absent “an extraordinary reason,” where substitution would necessitate continuance of the scheduled trial over objection of the complainant and her family, upheld… Read more

State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: ¶14      In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the U.S. Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require… Read more

State v. Ross M. Brandt, 2009 WI App 115 For Brandt: John M. Yackel Issue/Holding: Although it carries a maximum penalty of 9 months’ imprisonment, hit-and-run causing injury less than serious bodily harm, §§ 346.67(1) and 346.74(5)(b), is a felony. Obviously, this result is going to make life more difficult for hit-run representation, for the obvious… Read more

State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: Based largely on State v. Jimmie Davison, 2003 WI 89 (multiple convictions for battery permissible so long as multiple batteries have been charged), the court holds that § 939.66(2) permits conviction for both §§ 940.02(2)(a) and 948.04(4)(a), ¶¶1-21. The offenses are not… Read more