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Published 2001

Jury – Selection – “Batson” Objection

State v. Calvin Gregory, 2001 WI App 107, PFR filed 5/10/01 For Gregory: Meredith Ross, LAIP, UW Law School Issue1: Whether defendant was entitled to a Batson hearing on the prosecutor’s articulated reasons for striking the lone African-American juror. Holding1: The prosecutor’s asserted reasons — concerns about juror’s truthfulness; close proximity of juror’s residence to alleged scene of… 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 Badker’s in-custody assertion of his right to silence was scrupulously honored so as to allow re-interrogation. Holding: Badker was arrested for sexually assaulting his girlfriend. He was released on bail, conditioned on… Read More

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Miranda – Exceptions – Booking Questions

State v. Joseph K. Bryant, 2001 WI App 41, 241 Wis. 2d 554, 624 N.W.2d 865 For Bryant: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the “routine booking question” exception to Miranda permitted questions about biographical data. Holding: Miranda warnings need not precede routine questions that merely gather background biographical data in the booking… Read More

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Briefs – Citing Unpublished Opinion

State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether an unpublished decision may be cited for its “persuasive” value. Holding: ¶7 n. 6: We acknowledge that the cited order from the Seventh Circuit is an ‘unpublished opinion.’ However, the Seventh Circuit’s rule only prohibits citation of an ‘unpublished opinion’ as… Read More

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State v. Eric D. Gillespie, 2001 WI App 35, PFR filed 2/1/05 For Gillespie: John Anthony Ward Issue: Whether, following bindover by court commissioner under § 757.69(1)(b), a defendant may obtain a “preliminary hearing de novo” (i.e., a second preliminary hearing) in circuit court under § 757.69(8). Holding: ¶7 The State contends that WIS. STAT… Read More

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State v. Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Frayer, Scott E. Oberst, Amy L. Wicks, 2001 WI App 126, PFR filed 5/31/01 For defendants: Robert R. Henak Issue: Whether a motion to reconsider injected sufficiently new issues into the case so as to require a separate notice of appeal to make the order denying… Read More

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Relief from (Civil) Judgment, § 806.07

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in granting the state’s motion to vacate an SVP order for supervised release entered, but not implemented, almost four years earlier. Holding: Under § 806.07(1)(h), there is no… Read More

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Sanctions — Frivolous Appeal

State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether the appeal is sufficiently frivolous to warrant sanctions. Holding: ¶19. On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. § 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should… Read More

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