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12. Implicit findings

State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs) The news, in this otherwise run-of-the-mill case, is the standard of review. Tobatto raises an ineffective assistance claim rooted in trial counsel’s failure to strike a juror for bias. The judge who heard the postconviction motion was not the judge who ran the trial… Read More

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State v. Mark Alan Tralmer, 2015AP715-CR, District 4, 10/8/15 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court’s implicit rejection of Tralmer’s suppression hearing testimony and acceptance of the police officer’s contrary testimony were not clearly erroneous and therefore must be upheld on appeal, State v. Arias, 2008 WI 84, ¶12, 311 Wis. 2d 358, 752… Read More

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State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation  Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read More

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State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30     The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as… Read More

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Go: here… Read More

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