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2. Defenses

State v. Walter Junior Benjamin, 2003 WI 50, affirming 2002 WI App 89 For Hamilton: Robert A. Ramsdell Issue/Holding: ¶3. Walter’s case raises questions about the application of statutes of limitations to child support collection actions. The issue presented is whether the State, as an assignee of Walter’s deceased former wife, filed a timely action… Read More

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State v. David J. Lenz, 230 Wis.2d 529, 602 N.W.2d 173 (Ct. App. 1999) For Lenz: Steven D. Phillips, SPD, Madison Appellate Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations. Holding: The crime of nonsupport is… Read More

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State v. Ronald L. Monarch, 230 Wis.2d 542, 602 N.W.2d 179 (Ct. App. 1999) For Monarch: Craig S. Lambert Issue: Whether a charge of § 948.22(2) nonsupport based on arrearages accrued more than six years prior to the charge is barred by the statute of limitations Holding:: The crime of nonsupport is complete after each… Read More

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State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999) For Inglin: Stephen M. Glynn & Robert R. Henak Holding: Inglin argues denial of right to offer an affirmative defense to § 948.31(1)(b), namely that his actions were necessary to prevent mental harm to the child. Although his argument “present[s] an intriguing due… Read More

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