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Presentation & Preservation of Argument – Citing Relevant Authority

State v. Debra Noble, 2001 WI App 145, reversed, other grounds, State v. Debra Noble, 2002 WI 64For Noble: Jeff P. Brinckman

Issue: Whether failure to cite relevant authority in support of appellate argument establishes waiver.


¶11 … But Noble cites no authority requiring a tape recording, a transcript, or a signed statement to show the falsity of a statement. In State v. Shaffer, 96 Wis. 2d 531, 545-46, 292 N.W.2d 370 (Ct. App. 1980), we said that arguments unsupported by relevant authority were inadequate and do not comply with WIS. STAT. § 809.19(1)(e), and that we would refuse to consider such arguments in the future. If there is relevant authority holding that only evidence that is tape recorded, transcribed, or signed by a defendant is sufficient to support a perjury conviction, Noble has failed to cite it. We see no reason to depart from Shaffer now.

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