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19. Guest Posts

Snaps for Marla!

After 33 years with the State Public Defender, Marla Stephens is retiring today. Wow what a career! Cheers to Marla! Kelli Thompson and Mike Tobin, Wisconsin State Public Defender Marla’s contributions to the agency and the profession will be greatly missed, especially her dedication to the SPD and our clients, her work ethic, her long tenure… Read More

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A Salute to Judge Ralph Adam Fine!

“No! Don’t ask me how I am. You already know the answer. I’m fine. I’m always Fine!” Back in 2007, Judge Fine told De novo, the Appellate Practice Section’s newsletter: “I love every minute being on the court.  It has been 19 years and yet it seems as if I joined the court just yesterday.  It… Read More

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State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the… Read More

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State v. Rafeal Lyfold Myrick, 2014 WI 55, 7/10/14, affirming a published court of appeals decision; majority opinion by Justice Roggensack; case activity When does negotiation become agreement? In State v. Myrick, the Wisconsin Supreme Court’s resolution of this question was critical in determining whether the State could use incriminating statements that the defendant had made at a… Read More

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State v. Martin P. O’Brien,  State v. Kathleen M. O’Brien, and State v. Charles E. Butts, 2013 WI App 97. As briefly noted in a previous post, the Court of Appeals has upheld Wis. Stat. § 970.038, which makes hearsay admissible at preliminary hearings and allows bindover based solely on hearsay. On Point is pleased to present… Read More

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 State v. Tramell Starks,  2013 WI 69, affirming an unpublished court of appeals decision, case activity. Majority opinion by Justice Gableman, with a dissent by Justice Bradley and joined by Chief Justice Abrahamson and Justice Crooks On Point is pleased to present this guest post by Attorney Rob Henak, an expert on Wis. Stat. § 974.06… Read More

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By MICHAEL TOBIN, Deputy State Public Defender The historic U.S. Supreme Court decision in Gideon v. Wainwright was a major step towards fairness and equality in our criminal justice system.  This year’s 50th anniversary of the decision gives us reason to reflect on the effect of the decision. Clarence Earl Gideon filed a handwritten petition… Read More

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On Point is very pleased to present this Guest Post discussion of State v. Funk and State v. Denson, by the Honorable Richard J. Sankovitz, Milwaukee County Circuit Court. Feel free to submit comments in the box at the end of the Post. Trial judges monitor the flurry of end-of-term Wisconsin Supreme Court decisions for new rules… Read More

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