23. Judge

State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue: Whether, given the trial judge’s statement at sentencing that defendant’s counsel had in fact provided competent representation, established prejudgment of the issue such that recusal was required for the subsequent postconviction assertion of ineffective assistance of… Read more

State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶21      The second component, the objective test, asks whether a reasonable person could question the judge’s impartiality. Franklin, 398 F.3d at 960; Walberg, 109 Wis. 2d at 106-07 (looks to whether partiality can “reasonably be questioned”). Actual… Read more

State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether a judge’s instruction to a probation agent, who asked that probation not be extended, “No—I want his probation extended,” evinced judicial bias so as to taint the judge’s subsequent extension order. Holding: While the judge’s comment… Read more

State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85 For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial Issue/Holding: ¶15. A petition for a writ of mandamus or prohibition is an appropriate remedy to redress the denial of judicial substitution. See State ex rel. James L.J. v. Circuit Court for Walworth County… Read more

State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85 For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial Issue/Holding: ¶15. A petition for a writ of mandamus or prohibition is an appropriate remedy to redress the denial of judicial substitution. See State ex rel. James L.J. v. Circuit Court for Walworth… Read more

State v. Somkith Neuaone, 2005 WI App 124 For Neuaone: Ralph Sczygelski Issue/Holding: Where the sole basis for recusal is a claim that the judge was exposed to relevant sentencing information that he was entitled to hear, the very premise for the claim is flawed, ¶17. ¶16            Whether a judge was a “neutral and detached magistrate” is… Read more

Harrison Franklin v. McCaughtry, 398 F.3d 955 (7th Cir 2005), granting habeas relief in unpublished opinion of Wis COA Issue/Holding: The tripartite test for judicial bias (subjective inquiry answered by trial judge’s determination of own impartiality; objective examination as to whether reasonable person could question judge’s impartiality; and if partiality is established, whether it was harmless, see State v. Rochelt, 165… Read more