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Published 2006

State v. Daniel J. Machgan, 2007 WI App 263 For Machgan: Patrick M. Donnelly Issue/Holding: An out-of-state administrative DL suspension, not the result of a refusal, isn’t counted as a “conviction” for purposes of OWI enhancement: ¶12      After examination of these relevant statutes, we conclude that Wis. Stat. § 343.307, as the specific statute addressing out-of-state convictions, suspensions or revocations that… Read More

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Root v. Saul, 2006 WI App 106 For Root: Thomas E. Hayes Issue/Holding: Either slapping or punching someone in the face “is certainly conduct that can provoke others to attack”; and, because Saul indisputably slapped or punched Root in the face the jury could have found Saul the initial aggressor, the jury should have been… Read More

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Juvenile Delinquency — Alternatives to Disposition

State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the… Read More

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Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read More

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Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read More

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State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue: Whether pre-custodial assertion (during standoff with police) of right to counsel barred interrogation following subsequent arrest. Holding: ¶13      Hassel is dispositive here. … Observing that Miranda safeguards apply only to custodial interrogations and that Hassel did not argue he was in custody when… Read More

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State v. Yediael Yokrawn Backstrom, 2006 WI App 114 For Backstrom: Timothy A. Provis Issue: Whether re-administration of Miranda warnings was necessary where the suspect had previously waived those rights following a “full and proper recitation twenty-one hours earlier.” Holding: ¶11      Based on the record presented, we conclude that the trial court did not err in failing to suppress… Read More

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State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue1: Whether failure to electronically record Kramer’s interrogations requires suppression. Holding1: Although the supreme court exercised supervisory authority granted it under Wis. Const. Art. VII, § 7, to require recording of juvenile interrogations, State v. Jerrell C.J., 2005 WI 105, the grant… Read More

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