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Published 1996

Allocution – Generally

State v. James C. Lindsey, 203 Wis. 2d 423, 554 N.W.2d 215 (Ct. App. 1996) For Lindsey: Park M. Drescher Issue/Holding: It is undisputed that the trial court at the sentencing hearing erred when it did not afford Lindsey the right of allocution provided by § 972.14(2), Stats. …First, we conclude that because § 972.14(2)… Read More

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State v. Crystal Harrell a/k/a Parker, 199 Wis. 2d 654, 546 N.W.2d 115 (1996) Issue/Holding: Although Parker encourages us to provide an objective standard of review for the initial subjective decision by a judge not to disqualify himself or herself, we decline to do so. Wisconsin Statute § 757.19(2)(g) is clearly drafted so as to place the… Read More

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William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation. Holding: In regards to this jurisdictional question, Olson … argues that a trial court has… Read More

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William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue/Holding: The statutory section governing restitution allows a defendant to reduce civil damages awarded to the crime victim by amounts paid pursuant to a restitution order. See § 973.20(8), Stats. We read this statute to likewise… Read More

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State v. Daniel L. Gaulrapp, 207 Wis. 2d 600, 558 N.W.2d 696 (Ct. App. 1996) For Gaulrapp: Ralph A. Kalal Issue/Holding: Asking the motorist, during a routine stop for a muffler violation, if he had drugs or weapons and then obtaining permission to search the vehicle didn’t illegally extend the detention: The trial court here made… Read More

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State v. Crystal Harrell a/k/a Parker, 199 Wis. 2d 654, 546 N.W.2d 115 (1996) Issue/Holding: The issue before us is whether, in a case tried by the district attorney’s office, a circuit court judge, whose spouse is an assistant district attorney in the same county, is required to disqualify himself or herself under either Wis… Read More

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State v. Munoz, 200 Wis. 2d 391, 395, 546 N.W.2d 570 (Ct. App. 1996) For Munoz: Craig M. Kuhary Issue/Holding: Here, as in Lederer, the defense offered nothing more than “the mere possibility” that the records “might produce some evidence helpful to the defense.” Lederer, however, was decided before Shiffra. The broad language of Shiffra-“that the sought-after evidence is relevant and may… Read More

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State v. Robert L. Myers, Jr., 199 Wis. 2d 391, 544 N.W.2d 609 (Ct. App. 1996) Issue/Holding: We agree with the State that the potential for a future ch. 980, Stats., commitment was a collateral consequence of Myers’ guilty plea. Trial courts may not accept a guilty plea unless they are satisfied that the plea… Read More

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