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2005-06 Term

(State) Habeas Procedure, Generally

State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remanding summary order of court of appeals, reconsideration denied, 2006 WI 121 For Coleman: Brian Kinstler Issue/Holding: ¶18      A petition for writ of habeas corpus commences a civil proceeding wherein the petitioner claims an illegal denial of his or her liberty. State ex rel. Zdanczewicz v. Snyder, 131… Read more

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Appellate Procedure: Finality of Order

State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: An order granting the State’s motion to reconsider an SVP’s supervised release was final and appealable: ¶26      We disagree with Schulpius’s characterization of the November 2000 order. Even though the circuit court did not… Read more

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State v. James E. Brown, 2006 WI 100, reversing summary order For Brown: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A plea colloquy is not required to caution the defendant that punishment for each of multiple charges could be imposed consecutively, ¶78… Read more

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State v. Scott K. Fisher, 2006 WI 44, on certification For Fisher: Paul B. Millis Issue: Whether the right to bear arms provision of Wis. Const. Art. I, § 25 countenances prosecution for carrying a concealed weapon in a car’s console by a tavern owner who asserted its necessity for security purposes in that he… Read more

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Kenosha Co. DHS v. Jodi W. 2006 WI 93, reversing summary order Issue/Holding: The circuit court must undertake a colloquy with the parent tracking § 48.422(7); the parent must know the rights being waived; and on a challenge to the plea the parent must make a prima facie showing that the colloquy was defective and… Read more

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State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order For Taylor: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶28 In terms of the length of his sentence, Taylor argues that there appeared to be no “starting point” for the court of some very low period of confinement, or even the period of confinement recommended… Read more

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State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order For Walker: James Rebholz Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed. ¶37      In the hope of clarifying appellate procedure, we… Read more

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State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order For Taylor: Martha K. Askins, SPD, Madison Appellate Issue/Holding: TIS sentence of 18 years (12 in, 6 out) for child sexual assault, consecutive to 5 year indeterminate sentence for similar offense, was not harsh and excessive, notwithstanding PSI recommendation of 12 years (6 in, 6 out)… Read more

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