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Published 1999

State v. Elliot B. Russ, Sr., 2009 WI App 68 For Russ: Barry S. Buckspan Issue/Holding: No expectation of privacy protected papers left in courthouse hallway and subsequently seized and photocopied by court personnel: ¶12   Although Russ’s main brief on this appeal asserts that, as testified-to by Carlson, the affidavits were in a folder when Carlson saw them, the… Read More

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State v. Patrick E. Richter, 2000 WI 58, 235 Wis. 2d 524, 612 N.W.2d 29, reversing 224 Wis. 2d 814, 592 N.W.2d 310 (Ct. App. 1999) For Richter: Susan Alesia, SPD, Madison Appellate Issue: Whether consent to search, immediately following warrantless entry of the home, sufficiently attentuated any taint from that entry. Holding: Consent was freely given and… Read More

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Cross-examination – in camera inspection of mental health records.

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999). For Ballos: Robert N. Myeroff. Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where… Read More

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Defendant’s Presence — jury selection.

State v. Larry D. Harris, 229 Wis.2d 832, 601 N.W.2d 682 (Ct. App. 1999). For Harris: William S. Coleman, SPD, Milwaukee Appellate. Issue: Whether defendant’s rights to presence and counsel were violated by their absence from at least part of voir dire. Holding: Defendant has both a nonwaivable statutory right to presence, and also a… Read More

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State v. Frederick G. Jackson, 229 Wis. 2d 328, 600 N.W.2d 39 (Ct. App. 1999), affirmed on habeas review, Frederick G. Jackson v. Frank, 02-1979, 11/6/03 For Jackson: Allan D. Krezminski. Issue/Holding: During custodial interrogation, Jackson asked for an attorney, and the detective gave erroneous advice, namely that Jackson could have an attorney once charges “were established”… Read More

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“Edwards” violation – voluntariness

State v. Jonathan L. Franklin, 228 Wis.2d 408, 596 N.W.2d 855 (Ct. App. 1999) For Franklin: Archie E. Simonson Holding: Statement taken in violation of right to counsel rule, Edwards v. Arizona, 451 U.S. 477 (1981) is not, for that reason alone, involuntary and is therefore admissible for impeachment purposes. The court doesn’t mention it, but… Read More

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State v. Clyde B. Williams, 230 Wis.2d 50, 601 N.W.2d 838 (Ct. App. 1999) For Williams: Michael E. Nieskes Issue: Whether papers must be filed in the county of origin after a successor judge from another county is assigned to the case Holding: “In this appeal we conclude that when a judge from a different… Read More

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Appellate Procedure: Traffic Cases

City of Sheboygan v. Laura I. Flores, 229 Wis. 2d 242, 598 N.W.2d 307 (Ct. App. 1999) In a traffic regulation case, the docket entries – not any judgment or order – reflect the final determination and trigger the notice of appeal deadline… Read More

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