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3. Claim/Issue Preclusion

State v. Bruce T. Henningfield, 2015AP1824-CR, 3/15/17 (not recommended for publication); case activity (including briefs) Bruce Henningfield was convicted by a jury of OWI and PAC counts, and was sentenced on the OWI as a tenth or subsequent offense. He raises three issues related to his prior convictions; the court rejects them all. Henningfield, outside… Read More

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State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of… Read More

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Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read More

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Issue Preclusion

State v. Shannon J. Perronne, 2011AP1731-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Perrone: Casey J. Hoff; case activity When the principal State’s witness failed to appear at a suppression hearing, the trial court ordered suppression and dismissed the charge. The State then refiled the complaint and the trial court… Read More

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State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read More

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OWI Enhancer – Collateral Attack

State v. Jason L. Decorah, 2011AP662-CR, District 4, 12/8/11 court of appeals decision (1-judge, not for publication); for Decorah: Corey C. Chirafisi; case activity Collateral attack on a prior OWI used as a current enhancer, on the ground Decorah didn’t understand the range of penalties therefore didn’t validly waive counsel. Decorah prevailed below, and the court… Read More

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City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06 For Nytsch: Chad A. Lanning Issue: Whether a prior judicial review of a driver’s license suspension, overturning the administrative suspension, had a preclusive effect on the issue of probable cause to arrest for drunk driving in the subsequent prosecution for that offense. Holding: ¶11… Read More

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Defenses – Issue Preclusion: TPR

Brown County DHS v. Terrance M., 2005 WI App 57 For Terrance M.: Theresa J. Schmieder Issue/Holding: Because TPR cases are generally a subset of custody cases; and because claim preclusion is available as a means of discouraging groundless requests for modification of custody, both claim and issue preclusion “may also be applied when the facts… Read More

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