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Published 2001

State v. Charles Chvala, 2003 WI App 257, affirmed, 2005 WI 30 For Chvala: Lawton & Cates Issue/Holding: ¶1. The criminal complaint in this action charges Charles Chvala, a senator in the Wisconsin Legislature, with extortion, misconduct in public office, and violations of campaign finance statutes. The issue on appeal is whether, as Chvala contends, Wis. Stat… Read More

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State v. Anthony J. Leitner, 2001 WI App 172, affirmed on other grounds, 2002 WI 77 For Leitner: Jim Scott Issue: Whether the trial court properly denied a presentence motion to withdraw guilty plea. Holding: ¶27. When a defendant shows a fair and just reason, the trial court should permit the plea withdrawal unless there… Read More

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State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal. Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct… Read More

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False Testimony

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background, and had committed misconduct, causing him to be… Read More

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State v. Wilton Tye, 2001 WI 124 For Tye: Mark D. Richards, Christy M. Hall Issue: Whether evidence seized under a search warrant unsupported by oath or affirmation must be suppressed. Holding: The requirement that a search warrant be supported by oath or affirmation is an explicit and long-standing feature of both state and federal constitutions, as… Read More

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State v. Scott Leason Badker, 2001 WI App 27, 240 Wis. 2d 460, 623 N.W.2d 142 For Badker: Timothy A. Provis Issue: Whether the bail jumping offense was closely related to the homicide, within the meaning of the 6th amendment, so that the right to counsel attached under the latter as well as the former… Read More

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State v. Susan M. Goetz, 2001 WI App 294 For Goetz: Nila J. Robinson Issue: Whether a person, detained during execution of a search warrant but not handcuffed until after questioning, was in custody for Miranda purposes. Holding: A suspect detained during execution of a search warrant isn’t in custody under Miranda. ¶12. In this case, Goetz was… Read More

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Jury – Selection – Anonymous Jury

State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted on other grds., Edward A. Murillo v. Frank, No. 04-2202, 4/1/05 For Murillo: Craig Albee Issue: Whether the trial court erroneously exercised discretion by referring to jurors by number rather than name. Holding: Because of sufficient evidence of gang involvement… Read More

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