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Waiver of Issue, Generally – Authority to Review Despite Lack of Contemporaneous Objection

 State v. Michael Lee Washington, 2009 WI App 148
For Washington: Christopher Lee Wiesmueller

Issue/Holding: ¶1 n. 1:

The State asserts that Washington is precluded from making this argument on appeal because he did not object when the prosecutor made his recommendation before the circuit court. Generally, the failure to object is a “dispositive infirmity.” State v. Grindemann, 2002 WI App 106, ¶27, 255 Wis. 2d 632, 648 N.W.2d 507. We nevertheless choose to address the argument because it is likely to recur. See State ex rel. Krieger v. Borgen, 2004 WI App 163, ¶7, 276 Wis. 2d 96, 687 N.W.2d 79 (in the interest of judicial economy, we may address issues that are likely to recur).

 

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