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C. Briefs/Appendices

State Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999) For Kenyon: Rex Anderegg Holding: Kenyon’s change in position from trial to appeal doesn’t fall within estoppel doctrine, because neither prosecution nor trial court relied on the changed position… Read more

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Judicial Estoppel: Challenge to Favorable Ruling

State v. Darcy N.K., 218 Wis. 2d 640, 581 N.W.2d 567 (Ct. App. 1998) For Darcy K.: Kenneth L. Lund, SPD, Madison Appellate Issue/Holding: A party who prevailed at the trial level is judicially estopped, on appeal, from challenging the trial court’s favorable action taken at his or her own request… Read more

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State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998) For Jones: Michael S. Holzman Issue/Holding: The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to… Read more

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State v. Mary Boyer, 198 Wis. 2d 837, 543 N.W. 562 (Ct. App. 1995): In an “argument” presented in one sentence, the defendants assert, without citation to authority, that if § 161.47, STATS., does not apply to them, “there is an equal protection under the law problem that will arise.” Arguments in appellate briefs must… Read more

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