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12. State’s waiver

State v. Christopher Melendrez, 2009AP2070, District 4, 9/2/10 court of appeals decision (3-judge, not recommended for publication); for Melendrez: David R. Karpe; BiC; Resp.; Reply SVP – Retroactivity of Qualifying Offense Legislation Third-degree sexual assault wasn’t an SVP-qualifying offense when Melendrez plea-bargained a reduction of 2nd-degree sexual assault to 3rd. But by the time he… Read more


State v. Kyle Lee Huggett, 2010 WI App 69; for Huggett: Craig A. Mastantuono; BiC; Resp; Reply The State forfeited a potential appellate argument by conceding it in the trial court, in response to Huggett’s postconviction motion, ¶14. Unmentioned by the court: the State is the appellant. Why does that matter? Because the general rule is… Read more

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State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: State failure to argue, in the trial court, that Miller’s 974.06 motion was barred under Escalona-Naranjo waived the argument on appeal: ¶25   We conclude that application of the waiver rule is appropriate here, and therefore decline to address the State’s… Read more


Suppression Hearing – State’s Waiver

State v. Harold C. Mikkelson, 2002 WI App 152 For Mikkelson: Michael Yovovich, SPD, Madison Appellate Issue: Whether the state waived an appellate argument in opposition to suppression by not raising it at the suppression hearing. Holding: ¶14 “The waiver rule serves several important objectives. Raising issues at the [circuit] court level allows the …. court… Read more