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Published 2010

State v. Scottie L. Baldwin, 2010 WI App 162 (recommended for publication); for Baldwin: Robert E. Haney; (principal briefs not posted on-line) The trial judge’s findings, though made prior to Giles v. California, 128 S.Ct. 2678 (2008), satisfied the test imposed by that case, that forfeiture of the right to confrontation requires intent to prevent the… Read More

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State v. Patrick E. Hampton, 2010 WI App 169 (recommended for publication); for Hampton: Michael S. Holzman; BiC; Resp.; Reply Custodial Interrogation – Request for Counsel To invoke the 5th amendment right to counsel during custodial interrogation, the suspect must assert the right unambiguously, something Hampton did not do. ¶30      Hampton alleges that detectives ignored him… Read More

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Guilty Pleas – Plea-Withdrawal

State v. Ricardo Lopez, 2010 WI App 153 (recommended for publication); for Lopez: Catherine M. Canright; BiC; Resp.; Reply The plea colloquy was deficient with respect to Lopez’s understanding of the rights waived by his no contest plea, therefore in response to his postconviction motion to withdraw plea the trial court held a hearing at… Read More

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State v. Carl L. Dowdy, 2010 WI App 58, review granted, 3/16/11; for Dowdy: Bryan Cahill; BiC; Resp.; Reply Judges lack statutory authority to reduce the length of probation. ¶16      We conclude that we do not have cause to refer to legislative history or other extrinsic tools, because the plain language of Wis. Stat. § 973.09(3)(a) does… Read More

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State v. Ronnie L. Peebles, 2010 WI App 156 (recommended for publication); for Peebles: Suzanne L. Hagopian, SPD, Madison Appellate; BiC; Resp.; Reply Use, at Peebles’ sentencing after revocation, of his incriminating statements made during counseling ordered as a condition of probation, violated the 5th amendment and requires resentencing. The court canvasses the leading cases… Read More

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State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity Fleeing, § 346.04(3) Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands… Read More

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State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply Manipulation of Adult Jurisdiction over Juvenile Offense When  the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to… Read More

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Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se Mandamus – Generally ¶4        A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory… Read More

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