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4. Specific issues

State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more

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State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1 For Williams: John A. Pray Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain. Holding: ¶13: (T)he trial court recognized it as an objection and initially… Read more

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State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial. Holding: Although Davidson objected to… Read more

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State v. Lucian Agnello, 226 Wis.2d 164, 593 N.W.2d 427 (1999), reversing unpublished decision For Agnello: Jerome F. Buting & Pamela Moorshead, Buting & Williams Issue/Holding: On a motion to suppress statement, counsel’s bare relevancy objection to an inquiry into the statement’s truthfulness is held sufficient to preserve a Rogers v. Richmond/Jackson v. Denno objection… 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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