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B. Continuance

No error in denying request to delay trial

State v. Ronnie Cecil Peebles, 2017AP2536-CR, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in denying the adjournment request Peebles made on the morning of trial because he said he was feeling ill.  ¶9     Peebles’[s] argument falls flat, first, because the circuit court properly exercised… Read More

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Once again, FTA leads to TPR

State v. A.S., 2017AP1349, District 1, 1/9/18 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in refusing to adjourn the disposition hearing in A.S.’s termination of parental rights proceeding after A.S. failed to appear, and the subsequent termination order didn’t violate A.S.’s rights to be present and to participate… Read More

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Partial TPR summary judgment upheld

Racine County HSD v. R.E., 2016AP2039, 3/15/2017, District 2 (one-judge decision; ineligible for publication); case activity The record supported the circuit court’s grant of partial summary judgment on grounds of abandonment because there was no genuine issue of material fact as to whether R.E. had failed to visit or communicate with her child, S.E., for… Read More

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State v. Michael Steel, Jr., 2016AP796-CR, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t erroneously exercise its discretion in denying Steel’s requests for a new lawyer and an adjournment on the morning of trial. Steel, charged with obstructing an officer as a repeat offender, sought to replace… Read More

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State v. Malcolm A. Butler, 2014 WI App 4; case activity The 120-day deadline for trying a case under the Intrastate Detainer Act, § 971.11(2), is explicitly “subject to” the speedy trial statute, § 971.10; thus, the Intrastate Detainer Act incorporates the provision of the speedy trial statute that allows for continuances for good cause, § 971.10(3)(a), and… Read More

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Continuance — Materiality of Absent Witness

State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court improperly refused to adjourn trial so that the defense could secure presence of a witness. Holding: Because the absent witness’s proposed testimony was vague as to details… Read More

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Continuance — General

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether the trial court erroneously exercised discretion in denying a continuance based on assertions that lead counsel wanted to obtain assistance of another attorney in trying the case, and also was having difficulty locating certain… Read More

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