Legal Opinion
State v. Witkowski
Court of Appeals of Wisconsin
Decided June 13, 1991No. 90-1636PublishedCited by 40 opinions
1Opinion of the CourtEich, C.J.
Gerald Witkowski appeals from an order denying his motion, brought under sec. 974.06, Stats., to reverse his conviction for attempted armed robbery on the grounds that the evidence was insufficient to sustain the verdict on the theory submitted to the jury.
The issues are: (1) whether the appeal became moot when Witkowski died while his sec. 974.06, Stats., motion was pending before the trial court; and (2) whether the motion lies in light of our decision in his direct appeal, State v. Witkowski, 143 Wis. 2d 216, 420 N.W.2d 420 (Ct. App. 1988) (Witkowski I). We hold that Witkowski's death did…
2Cases cited9 opinions
- State v. LossmanWisconsin Supreme Court · 1984
- State v. McDonaldWisconsin Supreme Court · 1988
- Reserve Life Insurance v. La FolletteCourt of Appeals of Wisconsin · 1982
- State Ex Rel. Ellenburg v. GagnonWisconsin Supreme Court · 1977
- Commonwealth v. CurtinSupreme Court of Pennsylvania · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Shun Warren v. Michael BaenenCourt of Appeals for the Seventh Circuit · 2013
- Emmanuel Page v. Matthew J. FrankCourt of Appeals for the Seventh Circuit · 2003
- State v. DalmanNorth Dakota Supreme Court · 1994
- State v. Courtney C. BeamonWisconsin Supreme Court · 2013
- State v. PozoCourt of Appeals of Wisconsin · 2002
35 more not listed; retrieve them via the Exa API.