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Published 2003

State v. Wyatt Daniel Henning, 2003 WI App 54, reversed on other grounds, 2004 WI 89 For Henning: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: ¶25. We appreciate that State v. Hauk, 2002 WI App 226, 257 Wis. 2d 579, 652 N.W.2d 393, review denied, 2002 WI 121, 257 Wis. 2d 122, 653 N.W.2d 893 (Wis. Sept. 18… Read More

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State v. Steven J. Burgess, 2003 WI 71, affirming 2002 WI App 264, 258 Wis. 2d 548, 654 N.W.2d 81 For Burgess: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶33. Although persons committed under chapter 980 are similarly situated to those committed under chapter 51, there is a rational basis for the legislature’s distinction with… Read More

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Functional Equivalent of Interrogation

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: Where “the entire exchange consisted of Fischer asking Vento about the evidence against him, and Vento merely responding to Fischer’s questions, after which Fischer would implicate himself … Vento’s words and conduct in merely responding to Fischer’s questions regarding… Read More

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Ambiguous Assertion of Rights — Counsel

State v. Richard K. Fischer, 2003 WI App 5, PFR filed 1/15/03 For Fischer: Mark S. Rosen Issue/Holding: ¶19. Applying Davis and Jennings here, we conclude that Fischer’s statement to detectives that if the officers read him his rights he would not answer any questions and would request an attorney is sufficiently ambiguous or equivocal such that a reasonable officer… Read More

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Jury – Selection – “Batson”

State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: ¶15. In a challenge to a Batson ruling, we review the trial court’s determination as to whether the State had a discriminatory intent as a finding of historical fact, which we shall not disturb unless clearly erroneous. State v. Gregory, 2001 WI… Read More

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Confessions – Post-Polygraph – Admissibility

State v. Jeremy T. Greer, 2003 WI App 112, on remand following equally-divided result,2003 WI 30; PFR filed 6/12/03 For Greer: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶14. In this case it is not disputed that before he confessed to Detective Williams, Greer was told, both orally and in writing, that the polygraph test was over… Read More

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State v. Marvin J. Moss, 2003 WI App 239, PFR filed 10/27/03 For Moss: F.M. Van Hecke Issue/Holding: ¶2. The issue in this case is whether a defendant’s incriminating statement improperly coerced by a person who is not a state agent offends constitutional due process such that the statement is inadmissible. We conclude that there is… Read More

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Briefs – Citing Unpublished Opinion

Predick v. O’Connor, 2003 WI App 46 Issue/Holding: ¶12 n. 7: We note that in this opinion we do cite to two unpublished opinions from other states. Wisconsin Stat. § 809.23(3) does not prohibit us from doing so. In Brandt v. LIRC, 160 Wis. 2d 353, 466 N.W.2d 673 (Ct. App. 1991), aff’d, 166 Wis… Read More

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