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Published 1995

State v. Kevin Gilmore, 201 Wis. 2d 820, 549 N.W.2d 401 (1996), affirming, 193 Wis. 2d 403, 535 N.W.2d 21 (Ct. App. 1995) For Gilmore: Robert R. Henak Issue/Holding: We hold that while WESCL does not authorize the State’s unilateral public disclosure of intercepted communications in a criminal complaint, the State may incorporate intercepted communications in… Read More

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Voluntary Statements – Generally

State v. Wilfred E. Tobias, 196 Wis. 2d 537, 538 N.W.2d 843 (Ct. App. 1995) For Tobias: Barbara A. Cadwell Issue/Holding: That suspect had learning disability, required medication to deal with visual hallucinations but was off his meds during the interrogation not enough to establish voluntariness… Read More

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State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 538 N.W.2d 608 (Ct. App. 1995) Issue/Holding: Section 972.15(2), Stats., provides, “When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney … prior to sentencing.” (Emphasis added.) Thus, before sentencing, a defendant has an absolute right… Read More

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State v. Nakia N. Hayes, 196 Wis. 2d 753, 540 N.W.2d 1 (Ct. App. 1995) For Hayes: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Next, Hayes argues that innocent persons could become caught up in the “all occupants” provisions of the search warrant. This obviously is true. But it does not necessarily invalidate the warrant. The… Read More

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Attenuation of Taint — Statements

State v. Wilfred E. Tobias, 196 Wis.2d 53, 538 N.W.2d 843 (Ct. App. 1995) For Tobias: Barbara A. Cadwell Issue/Holding1: The primary concern in attenuation cases is whether the evidence objected to was obtained by exploitation of a prior police illegality or instead by means sufficiently attenuated so as to be purged of the taint. Anderson… Read More

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