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2005-06 Term

State v. Dale L. Smith, 2006 WI 74, affirming unpublished decision For Smith: Allison Ritter Issue/Holding: ¶16      The sole question we must address on appeal is whether Smith was denied the right to an impartial jury by the circuit court’s refusal to strikeCharlotte for cause. Smith argues that Charlotte should have been disqualified as objectively biased because… Read More

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State v. Charles W. Mark, 2006 WI 78, affirming 2005 WI App 62, 2005 WI App 62 For Mark: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether evidence of probation supervision was relevant to future dangerousness, and therefore should have been admitted into evidence. Issue: ¶41      … (T)he plain language of Wis. Stat. § 980.01(7)… Read More

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Constitutional Nature of Right to Appeal

State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison Appellate Amicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶17      Article I, Section 21(1) of the Wisconsin Constitution and Wis. Stat. § 808.03(1) guarantee a person convicted of a crime in Wisconsin the right to appeal his or her conviction… Read More

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State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order For Walker: James Rebholz Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed. ¶37      In the hope of clarifying… Read More

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State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: ¶2     We are asked to decide whether an otherwise satisfactory guilty plea is sufficient to relinquish a double jeopardy/multiplicity challenge upon direct appeal. We conclude that a guilty plea relinquishes the right to assert a multiplicity… Read More

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 State v. Lionel N. Anderson, 2006 WI 77, reversing 2005 WI App 238 For Anderson: Harry R. Hertel Issue/Holding: ¶36      The parties agree with the court of appeals that the circuit court’s communications with the jury outside the presence of the defendant is error, violating the defendant’s constitutional and statutory right to be present.  We… Read More

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Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14      By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read More

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State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding1: Failure to place Schulpius on court-ordered supervised release did not “shock the conscience,” hence did not violate substantive due process, where the failure occurred despite good-faith, substantial efforts to comply with the order, ¶31… Read More

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