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5. Right to be present

on review of unpublished decision; case activity Issues (composed by On Point)  1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether the trial court properly dismissed… Read More

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State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally  Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is:  (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read More

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court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity Juror Selection / Dismissal – Right to Personal Presence  A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct… Read More

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on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before… Read More

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State v. Brandon J. Carter, 2010 WI App 37

court of appeals decision; for Carter: Melinda A. Swartz, SPD, Milwaukee Appellate; Resp. Br.; Reply Br. Ex Parte Judicial Questioning, Pretrial Proceeding Pretrial judicial questioning of a witness at return of a bench warrant worked deprivation of the defendant’s rights to counsel and presence at trial when the witness was subsequently impeached with statements she… Read More

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