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Published 2009

State v. Corey Kleser, 2009 WI App 43, PFR filed 4/9/09 For Kleser: Robin E. Dorman, SPD Milwaukee Trial; Debra Flynn-Parrino, Devon M. Lee, SPD, Milwaukee Juvenile Issue/Holding: ¶46      Wisconsin Stat. § 970.032(2) makes no provision for the admission of hearsay at a reverse waiver hearing. Where a statute does not specifically authorize hearsay, it is generally… Read More

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Monroe County DHS v. Luis R., 2009 WI App 109 Issue: Whether ICWA, 25 U.S.C. § 1912(f), which requires likely serious emotional or physical damage to the child from continued parental custody, applies to placement outside the parental home when the TPR proceeding is initiated. Holding: ¶18 The ICWA does not preempt the Wisconsin Children’s… Read More

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State v. Colin G. Schloegel, 2009 WI App 85 For Schloegel: Sarvan Singh Issue/Holding: High school student Schloegel was not in custody for Miranda purposes, notwithstanding that he was frisked by police officer, compelled under school policy to consent to search of his car and asked, prior to formal arrest, incriminatory questions; analogy to State v. Dale Gruen, 218… Read More

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State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Defendant’s request to call parents so they could call attorney for him was an insufficiently unequivocal assertion of his right to counsel: ¶36      We agree with the trial court’s conclusion that even if we assume that the defendant made… Read More

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State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Where Miranda rights were properly given at the outset of the “first segment” of interrogation, re-administration of rights wasn’t necessary for “second segment,” several hours later, ¶¶24-28… Read More

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State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: ¶1 n. 1: Haywood’s notice of appeal mistakenly asserts that he also appeals “from … the postconviction motion dated December 2, 2008.”  First, Haywood’s appeal is from the circuit court’s order denying his motion, not from the motion.  Second, the… Read More

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Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶ 2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine Ins. Co., 169 Wis… Read More

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 State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: Because sufficiency of evidence to sustain the conviction is a matter of constitutional dimension, it may be raised via § 974.06 motion, ¶¶25-30.The court’s discussion also indicates, at least implicitly, that the State v. Obea S. Hayes, 2004 WI 80… Read More

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