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2008-09 Term

State v. Jennifer L. Ward, 2009 WI 60, affirming unpublished opinion For Ward: T. Christopher Kelly Issue/Holding: Taken individually and collectively, Ward’s 3 statements were voluntary, weighing personal characteristics against police conduct. Personal characteristics, ¶23. Ward was: “relatively sophisticated and intelligent”; 35 years old; a high school graduate; prior conviction; the daughter of a police chief. Her “unprompted… Read More

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State v. Mark H. Tody, 2009 WI 31, reversing unpublished opinion For Tody: Byron C. Lichstein, UW Law School Issue/Holding: ¶32      … The correct principle of law that should have guided the circuit court judge is that a circuit court judge should err on the side of dismissing a challenged juror when the challenged juror’s presence may… Read More

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State v. Marchand Grady, 2009 WI 47, affirming summary order For Grady: Carl W. Chessir Issue: Whether administration of Miranda rights in a noncustodial setting obviated the need for re-administration of rights when the interview became custodial about 2 and one-half hours later. Holding: ¶15      Grady advances a creative, but not heretofore unheard of argument. He asks us… Read More

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Robert Zellner v. Herrick, et al., 2009 WI 80, on certification Issue/Holding: ¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66, 70, 396 N.W.2d 177 (1986) (“When this… Read More

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State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶59      Fernandez additionally argues that the lack of advance written notice of the Dalka and CNR claims violated his due process rights. In response, the State contends that Fernandez’s due process rights were protected by… Read More

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State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue/Holding: ¶61      Fernandez says the court erred by ordering full restitution to two insurance companies because a court is authorized to do so only where justice requires. Fernandez says that justice does not require a man… Read More

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 State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue/Holding: ¶43 Long did not advance this statutory interpretation argument at the circuit court or at the court of appeals. Normally, under such circumstances, we would conclude that an issue neither raised nor… Read More

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State v. Alberto Fernandez, 2009 WI 29, on certification For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate Issue: Whether the holding of State v. Mark M. Loutsch, 2003 WI App 16, ¶25, “that the court order at sentencing an amount of restitution that it determines the defendant will be able to pay before the completion… Read More

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