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2001-02 Term

State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue/Holding: ¶46. We must examine the entire sentencing proceeding to evaluate the prosecutor’s remarks. Upon reviewing the State’s comments in the context of the sentencing hearing, we conclude, as a… Read more

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State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue1: The terms of the plea agreement and the relevant state’s conduct are questions of fact, reviewed deferentially; whether that conduct amounts to a material and substantial breach is a… Read more

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State v. Robert S. Robinson, 2002 WI 9, on certification For Robinson: Leonard D. Kachinsky Issue/Holding: ¶2. The question of law raised on appeal is what is the appropriate remedy when an accused is convicted on the basis of a negotiated plea agreement and the counts later are determined to be multiplicitous, violating the accused’s… Read more

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“Shiffra”: Viability Affirmed

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: Viability of State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993) upheld, against claim by state that it should be overturned. ¶22 n. 4. State v. Munoz, 200 Wis. 2d 391, 395, 546 N.W.2d 570 (Ct. App. 1996) ratified… Read more

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State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more

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State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6). Holding: ¶48. There can be little question that when state crime labs generate reports like those at… Read more

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State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the defendant’s proffered evidence of the child victim’s prior sexual contact with another child a denial of the defendant’s constitutional right to present evidence?” ¶2. Holding: Application of § 972.11 to… Read more

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State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922 For Davis: James M. Shellow Issue: Whether Richard A.P. evidence — that the defendant lacks the psychological characteristics of a sex offender and, therefore, was unlikely to have committed the charged offense —… Read more

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