State v. Tommie L. Cole, 2003 WI 59, on certification For Cole: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: ¶9. The court of appeals asks that we determine what combination of confinement in prison and extended supervision constitutes the presumptive minimum sentence when a statute provides that an offender “shall be imprisoned for not less than… Read more
2002-03 Term
State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals For Thiel: Bruce J. Rosen Issue/Holding: ¶37. Turning to counsel’s performance, we first recognize that counsel’s failure to review certain portions of the discovery provided by the prosecution–especially Dr. Metzler’s medical reports–was deficient performance as a matter of law. In a felony case… Read more
State v. James R. Thiel, 2003 WI 111, reversing unpublished opinion of court of appeals For Thiel: Bruce J. Rosen Issue/Holding: ¶51. Third, counsel’s interpretation of Wis. Stat. § 972.11(3) reflects a failure either to research or correctly interpret relevant portions of the law. The circuit court found that counsel interpreted this statute as allowing the defense to prevent the State… Read more
State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action to collect… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: ¶86. In the meantime, we must give effect to the constitutional right embodied in Article I, Section 25.39 A defendant who challenges on constitutional grounds a prosecution for carrying a concealed weapon will be required to secure affirmative answers to the following legal… Read more
State v. Jimmie Davison, 2003 WI 89, reversing 2002 WI App 109, 235 Wis. 2d 715, 647 N.W.2d 390 For Davison: Keith A. Findley, UW Law School, Criminal Appeals Project Issue/Holding: ¶32. In sum, we conclude that the imposition of cumulative punishments from different statutes in a single prosecution for “the same offense” violates double jeopardy when… Read more
State v. Matthew J. Knapp, 2003 WI 121, on certification; vacated and remanded on other grounds for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590); subsequent decision on remand, Miranda issue: State v. Knapp (II), 2005 WI 127 For Knapp: Robert G. LeBell Issue/Holding: The defendant may obtain admission of evidence implicating other… Read more
State v. Richard W. Delaney, 2003 WI 9, affirming unpublished decision For Delaney: Joseph R. Cincotta Issue/Holding: ¶1 … Specifically, Delaney asks this court to determine whether Wis. Stat. § 939.62 (1999-2000) was properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65(2)(c), based on the existence of a past non-OWI offense, so as to enhance… Read more
