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Pending grants of review (for complete
table, go here):
State v. Patrick C. Carter (2006AP1811-CR), published below:
2007 WI App 255
(sentence credit for time spent on fugitive warrant), (AG’s) PFR granted 3/19/08
State v. Jordan A. Denk (2006AP1744-CR), below:
Certification (search
of passenger's property, outside automobile, incident to driver's arrest), rev. gr. 3/19/08
State v. Jonathan J. Hubbard (2006AP2753-CR), published below:
2007 WI App 240
(OWI instructional definition of “materially impaired”), PFR granted 1/22/08
Michael J. Watton v. Nanette H. Hegerty (2006AP3092), published below:
2007 WI App 267
(open records and ch. 51 confidentiality), PFR granted 1/22/08
State v. Sou W. Her (2006AP1239-CR),
Unpublished below (breach of plea bargain by undermining required recommendation; IAC for failing to object
to asserted breach), PFR granted 12/19/07
State v. Bruce Duncan MacArthur (2006AP1379-CR), below:
Certification (SOL, child sex assault committed before enactment of current ch. 948),
PFR granted 12/19/07
Adrian T. Hipp v. Circuit Court for Milwaukee County (2007AP230-W), published below:
2007 WI App 202
(subpoena procedure, John Doe proceedings, § 968.26), PFR granted 11/5/07
State v. Alexander Caleb Grunke, et al. (2006AP2744-CR), published below:
2007 WI App 198
(applicability of § 940.225, sexual assault, to deceased victim), PFR granted 11/5/07
State v. Carmen L. Doss (2006AP2254-CR), published below:
2007 WI App 208
(certified bank records, § 891.24, and confrontation), PFR granted 11/5/07
State v. Angela A. Keyes / Matthew E. Keyes (2004AP1104-CR / 2004AP1105-CR), published below:
2007 WI App 163
(elements of Theft by Contractor, §§ 779.02(5), 943.20(1)(b)), PFR granted 10/10/07
State v. David G. Straszkowski (2006AP64-CR), below: summary order (procedure for taking read-in), PFR
granted 10/10/07
State v. Clayborn L. Walker, etc. (2006AP562-CR / 2006AP1738), published below:
2007 WI App 142 (review of original sentencing as necessary to reconfinement sentence),
PFR granted 9/11/07
State v. Louis H. LaCount (2006AP672-CR), published below:
2007 WI App 116
(admissibility of expert opinion; meaing of "investment contract"; scope of search warrant; right to jury trial on
sentence enhancement as repeater),
PFR granted 9/11/07
State of Wisconsin v. Keith A. Davis (2006AP1954-CR), below:
Certification
(suppressibility of statements closely related to polygraph exam), PFR granted 9/11/07
State v. Brian
H. Duchow (2005AP2175-CR),
unpublished
below (admissibility of taped statements under WESCL, § 968.27-31), PFR
gr 8/14/07
State v. Dwight M.
Sanders
(2006AP2060-CR), published below: 2007
WI App 174 (warrantless
entry of residence under exigent circumstances exception for misdemeanor),
PFR gr 8/14/07
State v.
Nathaniel L. Sumner
(2006AP102-CR), unpublished
below (frisk of motorist during routine traffic stop), PFR gr
6/12/07
State v. Donald W.
Jorgensen
(2006AP1847-CR), unpublished
below (prosecutor as witness to charged crime; judge as witness to charged
crime), PFR gr 6/12/07
State v. Douglas J.
Plude
(2005AP2311-CR), Unpublished
below (impact of expert's false testimony; State's duty to turn over hard
drive), PFR gr 5/22/07
State v. Leonard J.
Quintana (2006AP499-CR),
published below: 2007
WI App 29 (validity of school zone enhancer, § 939.632;
victim's forehead as coming within mayhem statute, § 940.21), PFR gr
5/22/07
WIREdata, Inc. v. Village of Sussex et
al. (2005AP1473),
published below: 2007
WI App 22 (Open Records requester's right to database), PFR gr
5/22/07
State v. Michelle R.
Popenhagen
(2006AP1114-CR), published below: 2007
WI App 16 (expectation of privacy in bank records), PFR gr
4/17/07
Wis. Supreme Court Opinions (2007-2008 WI
__ Term):
Miranda Issues – Assertion of Right to Counsel (Edwards Rule), made pre-Miranda warnings
Miranda Issues – Custodial “Interrogation”
Miranda Issues – Reinitiating Communication with Police, Following Assertion of Right to Counsel
Miranda Issues – Waiver
State v. Scott M.
Hambly, 2008 WI 10, affirming 2006 WI App 256
Appellate Procedure – Harmless Error –
Structural Error, Generally
Appellate Procedure – Harmless Error –
Structural Error – Bailiff’s Potential Involvement in Case as Witness
Evidence – Bailiff as Potential Witness
/ Juror Bias – Exposure
to Bailiff Involved in Case
Evidence – § 910.02: Original of
Surveillance Tape Required But if Destroyed without Bad Faith, Testimony of Contents
Allowed, § 910.04(1) – “Unplayable” Tape Tantamount to Destroyed
State
v. William Troy Ford, 2007 WI 138,
affirming unpublished
decision
Published Wisconsin Court of Appeals
Opinions (2008 WI App __):
Search & Seizure -- Search-Incident to Arrest -- Search of Automobile -- Belton/Thornton Rule
State v. Michael A. Littlejohn, 2008 WI App 45, PFR filed 2/7/08
SVP – Statement to Field Agent: Compelled,
Inadmissible (Under Since-Repealed Statute) /
Confessions – Voluntariness –
Statement to Field Agent
Confessions – Involuntary
Statement – Admissibility of Subsequent Statement
Appellate Procedure
– Standard of
Review – Implicit Findings of Fact
Confessions – Involuntary
Statement (Due to Immunity Grant) – Derivative Evidence: Experts’ Opinions
Appellate Procedure – Harmless Error –
Test, Generally
Appellate Procedure – Harmless Error – SVP Trial
State v. Charles W. Mark, 2008 WI App 44
Crimes: Stalking, Having Prior Conviction for
Violence, §§ 940.32(2) & (2m)(a) – Prior Conviction Is Element, not
Penalty Enhancer / Sentencing
Enhancers – Particular Statutes: Crimes: Stalking, Having Prior Conviction for Violence,
§§ 940.32(2) & (2m)(a) -- Prior Conviction Is Element, not Penalty Enhancer
Jury – Omitted Issues – Submission to Jury
of Prior Conviction for “Violence” Despite Stipulation / Evidence
– Unfair
Prejudice, § 904.03 – Jury Exposure to Prior Conviction for “Violence,” Despite Stipulation
State v. Jeffrey A. Warbelton, 2008 WI App 42, PFR filed 3/20/08
Appellate Procedure – State’s Waiver
Confessions – Involuntary Statement (Due to Immunity Grant) – Derivative Evidence: Experts’ Opinions
Appellate Procedure – Harmless Error – SVP Trial
State v. Danny G. Harrell, 2008 WI App 37
Sentence Credit – Concurrent Sentences: Each Analyzed Separately, Though Imposed at the Same Time
State v. Elandis D. Johnson, 2008 WI App 34
Appellate Procedure – Standard of Review: Newly Discovered Evidence
Appellate Procedure – No Waiver Bar, Collateral Attack Based on Newly Discovered Evidence /
Newly Discovered Evidence – Renewed Effort, Based on Changes in Medical Opinion, Not Barred
Newly Discovered Evidence – Change in Medical Opinion with Respect to Shaken Baby Syndrome – Probability of Different Result
State v. Audrey A. Edmunds, 2008 WI App 33
Guilty Pleas – Withdrawal, Pre-Sentencing – “Fair and Just” Reason: Coercion by Counsel
State v. Eugene D. Rhodes, 2008 WI App 32, PFR filed 1/15/08
Appellate Procedure – Mootness – Release of Sought-After Open Record
Open Records – Investigative Report Forwarded by Law Enforcement to the Prosecutor
Portage Daily Register v. Columbia Co. Sh. Dept., 2008 WI App 30
Possession of Child Pornography, § 948.12(1m) – Elements – Depiction of “Real” Children Necessary
Possession of Child Pornography, § 948.12(1m) – Sufficiency of Evidence – Element of “Real Children” Depicted – Expert Testimony Unnecessary
Counsel – Ineffective Assistance – Deficient Performance – Failure to Adduce Expert Testimony on False Confessions
Counsel – Ineffective Assistance – Prejudice – Unanimity Instruction, Possession of Child Pornography /
Possession of Child Pornography, § 948.12(1m) – Jury Instructions – Unanimity: Agreement as to Which Picture Was Shown and Was Harmful /
Jury Instructions – Unanimity – Possession of Child Pornography, Multiple Pictures
State v. Jason K. Van Buren, 2008 WI App 26, PFR filed 1/23/08
Identification Procedure – Showup ID: Probable Cause Specific to Purpose of ID Unncessary
Identification Procedure – In-Court ID as Untainted by Impermissible Showup
Appellate Procedure – State’s Waiver
State v. Jonathan W. Nawrocki, 2008 WI App 23
First Amendment – Overbreadth – “True Threat” – False Bomb Scare / False Bomb Scare, § 947.015 – Validity of Statute, Against Overbreadth Challenge
State v. Robert T., 2008 WI App 22
Confessions –– Admissibility of Statements Taken in Foreign Jurisdiction by Wisconsin Officers
State v. Edward Townsend, 2008 WI App 20, PFR filed 2/13/08
Search & Seizure –– Arrest – Test for Custody, Generally
Search & Seizure -- Search Incident to Arrest -- Probable Cause to Arrest, but No Arrest in Fact – Ordinance Violation
Search & Seizure – Arrest – Probable Cause – Specific Examples: Disorderly Conduct
State v. Tanya L. Marten-Hoye, 2008 WI App 19, (AG’s) PFR filed 2/20/08
Contempt – Remedial – Sanction Supported for Past Contempt
Contempt – Remedial vs. Punitive, Generally
Milton J. Christensen, et al. v. Sullivan, et al., 2008 WI App 18
TPR – “Meaningful Participation” by Remote Webcam
TPR – Conditions – Possibility of Meeting: Deported Parent
TPR – Disposition – Discretion Properly Exercised
Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16
Counsel – Ineffective Assistance – Deficient Performance – Closing Argument: Inconsistent Theories
State v. Paul Dwayne Westmoreland, 2008 WI App 15,
PFR filed 1/17/08
Appellate Procedure – Briefs – Factual Recitation – Need for Completeness, Accuracy
Search & Seizure – Applicability of Exclusionary Rule – Violation of Non-Constitutional Right: Patient Records (HIPAA, § 146.82)
State v. Ellen T. Straehler, 2008 WI App 14
Appellate Procedure – Standard of Review – Discovery Violation
Discovery – Prosecutorial Failure to Disclose Witness – Good Cause Shown
Discovery – Prosecutorial Failure to Disclose Criminal Record of Witness – Harmless Error
Verdicts – Inconsistency -- Permissible
State v. Paul T. Rice, 2008 WI App 10
Search & Seizure – Frisk of Automobile – Minor Traffic Violation -- Reasonable Suspicion, Multiple Factors: Furtive Movements, High-Crime Area, et. al
State v. Clemente Lamont Alexander, 2008 WI App 9
Evidence – Extraneous Misconduct Admissibility, § 904.04 – Pornographic Images -- “Greater Latitude” Rule, Applicable to Sexual Assault of Vulnerable Adult
State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07
Appellate Procedure – Waiver – Taser Device Worn by Defendant, Failure to Raise Objection
Counsel – Ineffective Assistance – Deficient Performance – Failure to Object, to Taser Device Worn by Defendant in Courtroom
Counsel – Ineffective Assistance – Prejudice – Failure to Object, to Taser Device Worn by Defendant in Courtroom
Due Process – Restraints on Defendant in Courtroom – Sua Sponte Duty of Court to Investigate
Burglary – Sufficiency of Evidence – Owner’s Nonconsent
State v. Kevin M. Champlain, 2008 WI App 5, (AG’s) PFR filed 1/4/08
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