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A. Statutory defenses

State v. Roman T. Wise, 2021 WI App 87; case activity (including briefs) Wise was convicted of 4 counts of fleeing or eluding an officer under §346.04(3). He claimed trial counsel was ineffective for failing to seek dismissal of 3 of his 4 charges on the grounds that they were multiplicitous. The court of appeals… Read more

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State v. Chrystul D. Kizer, 2020AP192-CR, petition for review of a published court of appeals decision granted 9/14/21; case activity (including briefs) Issue Presented (from the State’s PFR) Does § 939.46(1m) provide a victim of trafficking with a complete defense to first degree intentional homicide? The defense under § 939.46(1m) provides an affirmative defense for victims… Read more

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State v. Alan M. Johnson, 2021 WI 61, 6/16/21, affirming in part and reversing in part a published decision of the court of appeals; case activity (including briefs) In a case presenting a highly unusual set of facts, the supreme court agrees with the court of appeals that Johnson is entitled to a new trial… Read more

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State v. Chrystul D. Kizer, 2021 WI App 46, state’s petition for review granted 9/14/21; case activity (including briefs) The court of appeals gives the affirmative defense in § 939.46(1m) for victims of human trafficking and child sex trafficking its ordinary, common-sense meaning, and rejects the crabbed reading given the statute by the circuit court… Read more

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State v. Douglas J. Richer, 2019AP2024, 5/18/21, District 3 (not recommended for publication); case activity (including briefs) Douglas Richer was charged in two related cases in two counties; he reached a deal with the state wherein he’d plead to just one count in Eau Claire and there’d be a joint sentencing recommendation. The plea colloquy… Read more

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State v. Theophilous Ruffin, 2019AP1046-CR, District 1, 3/9/21 (not recommended for publication), state’s petition for review granted 9/17/21; case activity (including briefs) Ruffin raises three challenges to how the jury was instructed at his trial. Two are rejected in all respects, but one—regarding trial counsel’s decision to withdraw a self defense instruction—gets him a Machner… Read more

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State v. Marshun Dante Jackson, 2019AP2091, 2/17/21, District 3 (not recommended for publication); case activity (including briefs) Jackson pleaded to being part of a conspiracy to commit fraud (passing bad checks) against a bank in Dunn County. Then he was charged in St. Croix county with committing fraud against a bank there (initially this was… Read more

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State v. Todd N. Triebold, 2021 WI App 13; case activity (including briefs) Triebold was convicted of child sexual assault in Wisconsin and subject to lifetime sex offender registration. He moved to Minnesota and notified the Wisconsin DOC of his address. But he moved again and failed to notify either Wisconsin or Minnesota of his… Read more

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