| Armed Robbery | |
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In the Interest of Mason S., a Child Under the Age of 17: State v. Mason S., 99-0641 | |
| I. | THE STATE FAILED TO PROVE THAT MASON HAD THE NECESSARY INTENT TO COMMIT FALSE IMPRISONMENT AND ARMED ROBBERY. |
| II. | THE STATE FAILED TO PROVE THAT MASON HAD NO LAWFUL AUTHORITY TO RESTRAIN THE ALLEGED VICTIMS. |
| IV. | THE COURT ERRED, AND DEPRIVED MASON OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS, BY RELYING UPON EVIDENCE THAT WAS NOT ADMITTED AT TRIAL, WHEN IT FOUND MASON GUILTY OF ARMED ROBBERY AND FALSE IMPRISONMENT. |
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| Robbery | |
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| State v. Barber, 97-3778-CR, 97-3780-CR | |
| IV. | MR. BARBER IS ENTITLED TO A NEW TRIAL ON THE ARMED BURGLARY CHARGE BECAUSE THE TRIAL COURT GAVE AN OVERLY BROAD AND WITH-DRAWN INSTRUCTION ON THE MEANING OF "ARMED" AND FAILED TO USE THE TWO-PART VERDICT FORM SUGGESTED BY THE CURRENT PATTERN INSTRUCTION. |
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| State v. Simmons, 99-3316-CR | |
| A NEW TRIAL IN THE INTEREST OF JUSTICE SHOULD BE GRANTED BECAUSE THE REAL CONTROVERSY OF WHETHER THE DEFENDANT'S ORAL REQUEST FOR MONEY CONSTITUTED A THREAT OF FORCE WAS NOT CONSIDERED BY EITHER THE PROSECUTOR OR THE DEFENSE ATTORNEY UNTIL ALL EVIDENCE IN THE CASE HAD BEEN PRESENTED. | |
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| Arson | |
| (No Entries) | |
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| Burglary | |
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| State v. Gardner, 98-2655-CR, 230 Wis. 2d 32 (Ct. App. 1999) | |
| II. | THIS COURT SHOULD GRANT A NEW TRIAL IN THE INTEREST OF JUSTICE, BECAUSE THE REAL CASE OR CONTROVERSY WAS NOT FULLY TRIED. |
| III. | THE TRIAL COURT COMMITTED VARIOUS ERRORS WITH REGARD TO THE ARMED BURGLARY CHARGE. |
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| State v. Semrau,98-3443-CR, 99-3452-CR | |
| II. | BAIL JUMPING IS NOT A CRIME AGAINST PERSONS OR PROPERTY AND THUS IS NOT THE TYPE OF FELONY WHICH CAN FORM THE BASIS OF A BURGLARY CHARGE. |
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| Damage or Destruction of Property | |
| (No Entries) | |
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| Trespass | |
| (No Entries) | |
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| Embezzlement | |
| (No Entries) | |
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| Extortion | |
| (No Entries) | |
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| Forgery | |
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| State v. Eileen M. Entringer, 00-2568-CR | |
| THE TRIAL COURT DID NOT ERR IN DISMISSING THE COUNT CHARGING UTTERING A FORGERY, Wis. Stat. § 943.38(2), FOR LACK OF PROBABLE CAUSE AT THE PRELIMINARY HEARING. | |
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| Fraud | |
| (No Entries) | |
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| Receiving Stolen Property | |
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| State v. Jones, 98-1395-CR | |
| THE STATE DID NOT ESTABLISH A FACTUAL BASIS FOR CONCLUDING THAT THE STOLEN PROPERTY DEFENDANT WAS CONVICTED OF RECEIVING HAD A VALUE REQUIRED FOR THE GRADE OF THE OFFENSE. | |
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| Theft | |
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| State v. Graham, 99-1960-CR | |
| THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT AS A MATTER OF LAW TO SUPPORT THE CONVICTION FOR THEFT FROM A PERSON UNDER WIS. STAT. § 943.20(3)(D)2. | |
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| State v. Whiterabbit, 99-2048-CR | |
| I. | WHITERABBIT'S CONVICTION IN COUNTS 1, 4, 5, 6, 7 AND 8 MUST BE VACATED FOR A FAILURE OF PROOF BEYOND A REASONABLE DOUBT. |
| II. | WHITERABBIT SHOULD BE GRANTED A NEW TRIAL IN THE INTEREST OF JUSTICE ON ALL COUNTS PURSUANT TO WIS. STAT. § 752.35. |
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| State v. Jason J. Trawitzki, 99-2234-CR, __ Wis.2d __ ( ) | |
| I. | THE JUDGMENTS ENTERED ON NINE COUNTS OF THEFT AND FOUR COUNTS OF CONCEALING STOLEN PROPERTY MUST BE VACATED, BECAUSE THE IMPOSITION OF SEPARATE PENALTIES FOR EACH FIREARM STOLEN OR CONCEALED IN A SINGLE INCIDENT VIOLATES THE DOUBLE JEOPARDY PROHIBITION AGAINST MULTIPLE CHARGES. |
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| Retail Theft | |
| (No Entries) | |
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| Misappropriation Offenses | |
| (No Entries) | |
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| Other | |
| (No Entries) | |
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