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3. Facts/record

State v. Thomas J. Anker, 2014 WI App 107; case activity If a conservation warden shouted “you’re under arrest,” ordered you to stop walking, forcibly handcuffed you, and restrained you in his car until he could turn you over to investigating authorities, would you think you were under arrest or simply “temporarily detained”? The State, with a… Read more

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State v. James E. Grant, 2013AP1829-CR & 2013AP1830-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity: 2013AP1829-CR; 2013AP1830-CR Two of the three arguments made in Grant’s appellate brief were sufficiently stated to survive the state’s motion to strike, but they are ultimately too undeveloped to address under State v. Pettit, 171 Wis. 2d 627… Read more

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Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed. Before Bethke’s OWI trial the County moved to bar evidence that… Read more

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Incomplete record means no review

State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal: ¶4        It would have been… Read more

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State v. Rodney Vincent McToy, 2013AP832-CR, District 1, 10/15/13, (1-judge; ineligible for publication); case activity McToy pled guilty to two charges of misdemeanor bail jumping stemming from a domestic dispute with Ms. H. The parties briefed a straightforward Gallion issue:  Did the Milwaukee County Circuit Court erroneously exercise its discretion when it failed to provide… Read more

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State v. Gregory M. Sahs, 2013 WI 51, on review of unpublished court of appeals decision;  case activity Sahs, on probation for child pornography, admitted to his probation agent that he again possessed child pornography. He was charged based on evidence seized as a result of his admission. He sought to suppress the evidence, claiming… Read more

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Loren H. Laufman v. North Central Power Co., Inc., 2012AP2116, District 3 (per curiam; not eligible for publication or citation). Normally, On Point would not trouble its readers with a per curiam decision involving insurance coverage issues.  This one, however, penalizes parties for violations of Wisconsin’s Rules of Appellate Procedure, so appellate lawyers of all… Read more

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Transcript

Samex 1, LLC v. Bruce Buschman, 2011AP2634, District 1, 6/26/12 court of appeals decision (1-judge, ineligible for publication) ¶2 n. 1: If this appeal were not moot, our resolution of the appeal would have been difficult, if not impossible, because the transcript is not very helpful; there are more than two-dozen instances of “(Indiscernible)” or “(indiscernible)” in… Read more

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