State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06 For Milanes: Joan M. Boyd Issue/Holding: ¶13 A valid guilty or no contest plea waives all nonjurisdictional defenses to a conviction, including constitutional violations. See State v. Riekkoff, 112 Wis. 2d 119, 122-23, 332 N.W.2d 744 (1983). One exception to this rule is… Read more
D. Waiver of issues/arguments
Olson v. Darlington Mutual Ins., 2006 WI App 204 Issue/Holding: ¶4 … The required elements of judicial estoppel are: First, the later position must be clearly inconsistent with the earlier position; second, the facts at issue should be the same in both cases; and finally, the party to be estopped must have convinced the… Read more
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue: Whether a motion to disqualify a prosecutor because of representation of defendant in a prior case, brought immediately before jury selection, may be deemed waived on timeliness grounds. Holding: ¶24 We conclude the circuit court may, in the proper exercise of… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to move for mistrial waives objection to closing argument, ¶28, citing State v. Dale H. Davidson, 2000 WI 91, ¶86, 236 Wis… Read more
State v. Lawrencia Ann Bembenek, 2006 WI App 198, PFR filed 10/3/06 For Bembenek: Joseph F. Owens, Woehrer, Mary L. Issue: Whether Bembenek’s postconviction motion for DNA testing at State’s expense, as part of an effort to establish her innocence, was barred by her plea agreement whose terms included waiver of her right to direct… Read more
State v. Thomas H. Bush (III), 2005 WI 103, reversing in part and affirming on the merits, 2004 WI App 193 For Bush: Robert G. LeBell Issue/Holding: Although an “as applied” challenge to a statute may be waived, a facial challenge, in contradistinction, is not waivable, ¶17: ¶18 This rule is also entirely consistent with… Read more
State v. Eric W. Raye, 2005 WI 68, reversing unpublished decision of court of appeals For Raye: Brian C. Hough Issue: Whether the defendant failed to lodge contemporaneous objection (which would have waived appellate challenge) to a non-unanimous verdict revealed during jury polling when a juror indicated he did not in fact subscribe to the… Read more
State v. Mahlik D. Ellington, 2005 WI App 243 For Ellington: Andrea Taylor Cornwall Issue/Holding: An objection on relevancy grounds does not preserve a confrontation-based argument, ¶14. … Read more
