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d. Notice

Question presented: Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction? Lower court opinion: United States v. Class (unreported) (D.C. Cir. 2016) Docket Scotusblog page Though this is an appeal of a federal prosecution, it may well affect state practice. We’re all familiar with the general rule… Read More

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State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay. D.T. was… Read More

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On review of a published court of appeals decision in Kempainen (case activity) and a per curiam decision in Hurley (case activity) Issues (adapted from the State’s  PFR in Hurley): Did the amended complaint charging repeated sexual assault of a child, which alleged that Hurley assaulted his stepdaughter at least 26 times over a five or six-year charging… Read More

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State v. Brian Kempainen, 2014 WI App 53, petition for review granted 9/18/14, affirmed, 2015 WI 32; case activity In this case, the circuit court dismissed 2 counts of sexual assault of a child against Kempainen because the charges failed to provide sufficient notice of when the assaults occurred thus violating due process.  The court of… Read More

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State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: The charging period of March 1, 1989, to March 31, 1993, was not too expansive to provide opportunity to prepare a defense, largely because of the victim’s youthfulness and vulnerable relationship (patient-therapist) to defendant, ¶31… Read More

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