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3. Motion in limine

State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… Read More

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State v. Gary M.B., 2004 WI 33, affirming 2003 WI App 72, 261 Wis. 2d 811, 661 N.W.2d 435 For Gary M.B.: T. Christopher Kelly Issue: Whether defendant’s introduction of his/ her prior criminal record, after objection to its admissibility was overruled, waived the objection. Holding: ¶11. Under the doctrine of strategic waiver, also known… Read More

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In Limine Orders — Enforcement

State v. Sylvester Sigarroa, 2004 WI App 16 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶28. We do not end our discussion here. Instead, we are compelled to admonish the increasing pattern of witness and/or attorney violation of in limine orders. On several occasions, we have spent judicial time and resources to make a… Read More

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State v. Jonathan J. English-Lancaster, 2002 WI App 74, PFR filed 3/22/02 For English-Lancaster: Steven D. Phillips, SPD, Madison Appellate Issue: Whether defendant waived an objection to the violation of an in limine order, by waiting until a recess to enter an objection. Holding: ¶17. When the State violated the stipulation and the court’s order… Read More

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State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: Failure to object to portions of closing argument didn’t waive right to challenge them on appeal, where defendant obtained a “definitive pretrial ruling” which “served to preserve (his) position for appeal.” ¶25 n. 9… Read More

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motion in limine, preservation of issue.

(See also Appeals, Waiver; and Evidence, Objection) State v. Charles J. Benoit, 229 Wis.2d 630, 600 N.W.2d 193 (Ct. App. 1999). For Benoit: Meredith J. Ross, LAIP. Holding: “(A) defendant who makes a motion in limine preserves the right to appeal the issue raised by the motion without renewing the motion at trial,” but only… Read More

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