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4. Deferred prosecution agreements

State v. Amy Joan Zahurones, 2018AP1845, 9/10/1019, District 3 (recommended for publication); case activity (including briefs) Zahurones was charged with several drug-related counts along with resisting an officer and physical abuse of a child. All the counts arose out of a single encounter with the police. She ultimately pleaded to four counts. On three of… Read More

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State v. Brandon E. Jordan, 2015AP2062-CR, 10/6/16, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) Jordan violated the terms of his Deferred Prosecution Agreement and received a warning letter which resulted in a 6-month extension of the agreement with new conditions. He then violated the conditions of the extension, and was terminated… Read More

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State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶10      Both the State and Kaczmarski agree that the deferred prosecution agreement is analogous to a contract and therefore we draw upon principles of contract law in determining the respective rights of the parties to the agreement… Read More

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State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue: Whether commission of an offense during the period of the deferred prosecution agreement permitted resumption of the prosecution after that period expired, under the wording of the agreement. Holding: ¶13      We conclude that the deferred prosecution agreement… Read More

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State v. Chase E. Kaczmarski, 2009 WI App 117 For Kaczmarski: Harold L. Harlowe, David M. Gorwitz Issue/Holding: ¶7        Forfeiture is a rule of judicial administration, and whether we apply the rule is a matter addressed to our discretion. [3] See Ford Motor Co. v. Lyons, 137 Wis. 2d 397, 417, 405 N.W.2d 354 (Ct… Read More

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State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: Motion for plea-withdrawal following revocation of a deferred prosecution agreement but before sentencing has been imposed is gauged by the manifest injustice… Read More

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State v. Sean M. Daley, 2006 WI App 81, on remand, PFR filed 5/10/06; prior history: 2005 WI App 260, decision vacated and remanded, 2006 WI 25 For Daley: Kirk B. Obear Issue/Holding: A deferred prosecution agreement, whereby the defendant enters no contest pleas but entry of judgment of conviction is stayed, conditioned on compliance… Read More

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State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue/Holding: ¶14. Wollenberg cites State v. Jankowski, 173 Wis. 2d 522, 528, 496 N.W.2d 215 (Ct. App. 1992), to support his claim that he cannot be convicted on the basis of a legal nullity. Jankowski… Read More

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