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c. Citation of authority

State v. Devin T. White, 2016AP119-CR, 4/10/18, District 1, (not recommended for publication); case activity (including briefs) White was convicted of 1st-degree reckless homicide. He argued that the trial court misapplied the law governing self-defense and improperly instructed the jury. The court of appeals repeatedly struggled to determine the thrust of his argument, but it… Read More

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State v. Lance P. Howard, 2017AP677-688-CR, 2/21/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) How to irritate the court of appeals. If you haven’t figure that out yet, read this opinion.  Howard was sentenced to 1 year of initial confinement and 1 year of extended supervision for a misdemeanor in one… Read More

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State v. Thomas J. Anker, 2014 WI App 107; case activity If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a… Read More

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State v. Robert T. Warriner, 2012AP244-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Instruction on first degree child sexual assault as lesser-included of repeated child sexual assault At trial the child testified that Warriner sexually assaulted her on only two occasions, so the trial court agreed, over Warriner’s objections… Read More

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State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶6 n. 4: We observe that Kliss, in his appellate brief, is inconsistent in his use of pinpoint citations for the case law he invokes to support his legal contentions. Wisconsin Stat. Rule 809.19(1)(e) requires the appellant to support its… Read More

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State v. Mary Boyer, 198 Wis. 2d 837, 543 N.W. 562 (Ct. App. 1995): In an “argument” presented in one sentence, the defendants assert, without citation to authority, that if § 161.47, STATS., does not apply to them, “there is an equal protection under the law problem that will arise.” Arguments in appellate briefs must… Read More

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