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2004-05 Term

Custodian of Records for Legislative Technology Services Bureau v. State, 2004 WI 65, on reconsideration 2004 WI 149 Issue/Holding: ¶34. When we review a John Doe subpoena, a foundational issue may be constitutional in nature. For example, does the issuance of a subpoena in a John Doe proceeding, the sole purpose of such proceeding being to investigate… Read More

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State v. David S. Stenklyft, 2005 WI 71, on bypass For Stenklyft: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: The prosecutorial veto written into the TIS sentence-adjustment provision, § 973.195, is unconstitutional: ¶83 … “[S]hall” is interpreted as directory, thereby giving a circuit court discretion to accept or reject an objection from a district attorney on a… Read More

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State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶58      … All custodial interrogation of juveniles in future cases shall be electronically recorded where feasible, and without exception when questioning occurs at a place of detention. Audiotaping is sufficient to satisfy our requirement; however… Read More

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Statements – Voluntariness – Juveniles

State v. Jerrell C.J., 2005 WI 105, reversing 2004 WI App 9 For Terrell C.J.: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Juvenile Jerrell C.J.’s in-custody confession was involuntary under totality of the circumstances – Jerrell’s “personal characteristics” militate against voluntariness: age (14); school records (average to failing grades) and IQ 84 (low to average); prior experience with… Read More

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State v. Ralph D. Armstrong, 2005 WI 119, reversing unpublished decision For Armstrong: Jerome Buting; Barry Scheck Issue/Holding: Supreme court has both statutory and inherent authority to order new trial in the interest of justice, even on collateral review (as opposed to direct appeal), ¶¶119-24. (State v. Allen, 159 Wis. 2d 53, 464 N.W.2d 426… Read More

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State v. James M. Moran, 2005 WI 115, reversing unpublished decision For Moran: Colleen D. Ball, State Bar Pro Bono Project Issue/Holding: ¶3 We conclude that the plain language of § 974.07(6) gives a movant the right to conduct DNA testing of physical evidence that is in the actual or constructive possession of a government… Read More

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State v. Thomas H. Bush (III), 2005 WI 103, reversing in part and affirming on the merits, 2004 WI App 193 For Bush: Robert G. LeBell Issue/Holding: Although an “as applied” challenge to a statute may be waived, a facial challenge, in contradistinction, is not waivable, ¶17: ¶18 This rule is also entirely consistent with… Read More

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State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order For Riesch: Christopher J. Cherella Issue/Holding: ¶13. Certiorari review for parole revocation is limited to four questions: “(1) whether the agency stayed within its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive or unreasonable, representing its will… Read More

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