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Published 2002

State v. Anthony J. Dentici, Jr., 2002 WI App 77, PFR filed 2/5/02 For Dentici: Joseph E. Redding Issue/Holding: ¶1 … Dentici claims that he is entitled to twenty-five days’ credit pursuant to State v. Riske, 152 Wis. 2d 260, 448 N.W.2d 260 (Ct. App. 1989), because, after being sentenced to sixty days at the House of… Read more

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State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The trial court has inherent authority to vacate or modify an order (including, as in this instance, on state’s motion). ¶¶13-15… Read more

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Name Change, Judgment of Conviction

State v. John D. Tiggs, Jr., 2002 WI App 181 Issue/Holding: ¶9. We agree with Tiggs that once he has changed his legal name, he has a positive right to be called by that name. But he may also, by conduct, forfeit that right. If he calls himself by some other name, he has announced… Read more

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Reconstruction of Missing Evidence

State v. Jerry L. Parker,  2002 WI App 159, PFR filed 5/20/02 For Parker: William Christopher Rose Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial… Read more

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Sentence Modification – Notice to State

State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: The trial court erred in granting a motion to modify sentence without either seeking the state’s response or holding a hearing. Procedure on motion to modify sentence is similar to that for a post-conviction motion under § 974.06(3)… Read more

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State v. Jonathan J. English-Lancaster, 2002 WI App 74, PFR filed 3/22/02 For English-Lancaster: Steven D. Phillips, SPD, Madison Appellate Issue: Whether defendant waived an objection to the violation of an in limine order, by waiting until a recess to enter an objection. Holding: ¶17. When the State violated the stipulation and the court’s order… Read more

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State v. Paul Venema, 2002 WI App 202 For Venema: Randall R. Garczynski Issue/Holding: Failure to object to portions of closing argument didn’t waive right to challenge them on appeal, where defendant obtained a “definitive pretrial ruling” which “served to preserve (his) position for appeal.” ¶25 n. 9… Read more

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Restitution – Discovery, § 973.20(14)(d)

State v. Edward W. Johnson, Jr., 2002 WI App 166 For Johnson: Robert T. Ruth Issue/Holding: Where restitution was for counseling expenses, Johnson failed to show good cause for discovery of her counseling records. ¶¶28-30… Read more

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