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Published 2004

Plain View – Generally

State v. Shaun E. Kelley, 2005 WI App 199 For Kelley: Gregory Bates Issue/Holding: ¶15      An officer has the right to access objects in plain view while searching within the scope of the consent.  See State v. Johnson, 187 Wis. 2d 237, 242, 522 N.W.2d 588 (Ct. App. 1994). In order for the plain view doctrine to… Read More

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State v. Christopher Swiams, 2004 WI App 217, District 1, 10/19/04 (published); case activity Issue/Holding: ¶8. … The State contends, however, that reconfinement orders may only be reviewed via common-law certiorari and not under Wis. Stat. Rule 809.30. It relies on State v. Bridges, 195 Wis. 2d 254, 536 N.W.2d 153 (Ct. App. 1995) (per… Read More

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Appellate Procedure: Finality of Order

Derek J. Harder v. Carol L. Pfitzinger, 2004 WI 102 Issue/Holding: ¶15. If there are no further documents in the circuit court’s file and all substantive issues have been decided for one or more parties in an order or a judgment, there is usually less confusion about whether the time for appeal has begun to… Read More

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State v. Richard A. Brown III, 2004 WI App 33, reversed on other grounds, 2005 WI 29 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue: Whether, at a § 980.08 supervised release hearing, an expert’s report filed under § 980.08(3) may be introduced into evidence, though hearsay and though the author does not testify… Read More

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State v. Dennis Thiel, 2004 WI App 225 For Thiel: Suzanne L. Hagopian, SPD, Madison Appellate Issue1: Whether the court must appoint an examiner for the subject under § 980.08(3) when it has already appointed one under § 980.08(4). Holding: ¶17. The parties agree that the language of Wis. Stat. § 980.08(3) requires the circuit… Read More

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State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: “Second, Arredondo claims that his trial attorney failed to impeach Garza’s testimony with false statements Garza made to the police. This claim fails on both the deficiency and prejudice prongs. Arredondo cannot show prejudice because Garza admitted on direct-examination that… Read More

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Jury – Selection – “Batson” Issue

State v. George Melvin Taylor, 2004 WI App 81, PFR filed 4/13/04 For Taylor: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶18. Accordingly, we must now turn to the Batson challenge itself. Our supreme court has adopted the Batson principles and analysis. State v. Lamon, 2003 WI 78, ¶22, 262 Wis. 2d 747, 664 N.W.2d 607 (citing State v. Davidson, 166 Wis. 2d 35… Read More

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Constitutional Nature of Right to Appeal

State ex rel. Richard A. Ford v. Holm, 2004 WI App 22, PFR filed 3/1/04 For Ford: James R. Troupis, State Bar Pro Bono Project For Amicus (SPD): Marla Stephens, Director; Patricia K. Flood, First Asst.SPD Issue/Holding: ¶2 A person convicted in Wisconsin of committing a crime has a constitutionally guaranteed right to appeal his… Read More

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