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B. Judicial notice, Ch. 902

State v. Scott F. Ufferman, 2016AP1774-CR, District 3, 11/14/17 (one-judge decision; ineligible for publication); case activity (including briefs) Ufferman complains the trial court’s evidentiary rulings improperly stymied his defense against the charge of operating with a detectable amount of THC. The court of appeals holds the trial court’s rulings were correct. Ufferman was arrested and charged… Read More

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M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of… Read More

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State v. Anthony Herman Williams, 2014AP447-CR & 2014AP448-CR, District 1, 9/30/14 (not recommended for publication); case activity: 2014AP447-CR; 2014AP448-CR Cell phone records that corroborate a claim Williams’s trial lawyer made at sentencing regarding contact between Williams and the victims don’t show that the sentencing court relied on inaccurate information because the records do little to corroborate the contact or… Read More

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State v. Stanley K. Bullock, 2014 WI App 29, case activity How “voluntary” does this sound to you? The defendant was convicted of 1st-degree reckless homicide for the stabbing death of his girlfriend.  He said that masked attackers broke into their apartment and stabbed him and his girlfriend.  He called 911.  The responding paramedics found… Read More

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Evidence – Moving Radar

Village of Marathon City v. Jenny L. Nowak, 2010AP462, District 3, 9/30/10 court of appeals decision (1-judge, not for publication); Resp. Br. ¶11      The five-factor Hanson/Kramer test is used to determine the accuracy of moving radar.[4] See Washington Cnty. v. Luedtke, 135 Wis. 2d 131, 133 n.2, 399 N.W.2d 906 (1987).  “If there is compliance with the Hanson/Kramer criteria, the [radar device]… Read More

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State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: The court may take judicial notice of public records, including material found in briefs available on-line, ¶24 n. 9… Read More

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State v. Vanessa Brockdorf, 2006 WI 76, affirming unpublished decision For Brockdorf: Martin E. Kohler, Brian Kinstler Issue/Holding: ¶39 n. 6: After oral argument and pursuant to an order dated October 14, 2005, the parties submitted to the court the relevant provisions of the MPD Policies and Procedures Manual. Pursuant to Wis. Stat. § 902.01… Read More

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§ 902.01(2), Judicial Notice — Generally

State v. Leonard A. Sarnowski, 2005 WI App 48 For Sarnowski: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: ¶13. Trial courts may take judicial notice in limited areas-“fact[s] generally known within the territorial jurisdiction of the trial court,” or “fact[s] capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be… Read More

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