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2001-02 Term

State v. Kevin D. Jennings, 2003 WI 10, reversing 2002 WI App 16, 250 Wis. 2d 138, 640 N.W.2d 165 For Jennings: Steven M. Compton Issue/Holding: ¶1 … At issue is whether a criminal complaint that is filed against a defendant, who is already incarcerated, is sufficient to commence a prosecution. Based on the legislative history of… Read More

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State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565; habeas denied, Samuel v. Frank, 525 F. 3d 566 (7th Cir 2008) For Samuel: Robert A. Henak Issue/Holding: ¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product… Read More

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Ambiguous Assertion of Rights — Counsel

State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the police may continue to interrogate a suspect who has ambiguously asserted rights, — in this instance, “I think maybe I need to talk to a lawyer.” Holding: ¶36. Applying Davis, we conclude that Jennings’ statement to Detective… Read More

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State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether ch. 980 is unconstitutional by failing to adequately narrow the class of commitment subjects to those with serious difficulty controlling… Read More

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State v. John Lee Laxton, 2002 WI 82, affirming unpublished court of appeals decision (Affirmed on other grounds, habeas review, John L. Laxton v. Bartow, 421 F.3d 565 (7th Cir 2005)) For Laxton: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the jury instructions adequately conveyed the requirement of mental disorder causing serious difficulty in… Read More

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Interlocutory Appeal – Timeliness

State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, State v. Polashek, 2001 WI App 130, 246 Wis. 2d For Polashek: Nila Jean Robinson Issue: Whether the state’s petition for leave to appeal a non-final order was timely, where the order was issued “nunc pro tunc” in reference to… Read More

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Voluntary Dismissal, § 809.18 — Timing

State v. Joeval M. Jones, 2002 WI 53, ordering withdrawal of opinion in State v. Jones, 2002 WI App 29, 250 Wis. 2d 77, 640 N.W.2d 151 For Jones: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: Under State v. Lee, 197 Wis. 2d 959, 542 N.W.2d 143 (1996), “the court of appeals may not refuse… Read More

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State v. Edward Terrell Jennings, 2002 WI 44, on certification For Jennings: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶3. We conclude that when confronted with a direct conflict between a decision of this court and a later decision of the United States Supreme Court on a matter of federal law, the court of appeals may… Read More

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