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Published 2002

Witness – Rebuttal

State v. Richard N. Konkol, 2002 WI App 174 For Konkol: Brian Hough Issue/Holding: The proper test for admissibility of rebuttal evidence isn’t whether it could have been admitted in, or would have been useful to, the state’s case-in-chief, but whether it meets new facts put in by the defendant. ¶¶18-19. ¶18      Thus, the only… Read More

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Custody — Handcuffed in Squad

State v. Zan Morgan, 2002 WI App 124 For Morgan: Timothy A. Provis Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car. Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of… Read More

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State v. Howard C. Carter, 2002 WI App 55 For Howard: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although review of a trial court’s determination of subjective (non-)bias of a prospective juror is generally deferential, here review is independent “because this is one of those rare situations where the prospective juror’s unambiguous response, rather than his… Read More

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State v. Dale H. Chu, 2002 WI App 98 For Chu: Andrew Shaw, Rex R. Anderegg Issue/Holding: ¶41. In his reply brief, Chu offers no response to the State’s argument concerning information about Wales. Unrefuted arguments are deemed admitted. See Charolais Breeding Ranches v. FPC Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493… Read More

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Notice of Appeal – Unsigned

State v. Marvin C. Seay, State v. Christopher Tillman, 2002 WI App 37 Issue/Holding: ¶1. In these two appeals, the appellants filed unsigned notices of appeal with the clerks of the circuit courts. The issue is whether the failure to sign the notice of appeal deprives this court of appellate jurisdiction. In accord with the… Read More

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Sentence Credit – Electronic Monitoring

State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation. Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring… Read More

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State v. Paul L. Polak, 2002 WI App 120, PFR filed 5/3/02 For Polak: Philip J. Brehm Issue/Holding: ¶15. When an adequate colloquy is not conducted, and the defendant makes a motion for a new trial or other postconviction relief from the trial court’s judgment, the court must hold an evidentiary hearing on whether the… Read More

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Defendant’s Presence at Postconviction Hearing

State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The defendant’s right to personal presence at a postconviction evidentiary hearing hinges on the existence of substantial issues of fact in which the defendant participated. Here, there was a substantial dispute, but it related to a “side issue,”… Read More

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