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Sexual Assault
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State v. May, 99-1647-CR
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I.
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THE TRIAL COURT COMMITTED PREJUDICIAL ERROR IN ADMITTING A LARGE AMOUNT OF
OTHER CRIMES EVIDENCE INVOLVING ANGEL JOHNSON AND MARGARET MONDAY TO IMPROPERLY
BOLSTER THE CREDIBILITY OF THE VICTIMS AND FOR OTHER IMPROPER PURPOSES.
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II.
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UNDER STATE V. DEKEYSER, TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO HAVE
PREVENTED THE ADMISSION OF THE EXTREMELY PREJUDICIAL OTHER ACTS EVIDENCE.
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III.
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THE TRIAL COURT ERRED IN PERMITTING THE STATE'S IMPROPER CROSS OF THE
DEFENDANT AS TO THE NATURE AND CIRCUMSTANCES OF HIS PRIOR CONVICTION INVOLVING
ANGEL JOHNSON AFTER THE DEFENDANT PROPERLY STATED THE NUMBER OF PRIOR CONVICTIONS.
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IV.
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TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO OBJECT TO NON-STANDARD JURY
INSTRUCTION ON SEXUAL ASSAULT WHICH ALTERNATIVELY ALLOWED THE JURY TO FIND THE
DEFENDANT GUILTY AS TO ALL THREE CHARGED SECOND-DEGREE SEXUAL ASSAULT OFFENSES
BY FINDING GUILT AS TO ONE OR MORE COMPLAINING WITNESSES AS TO EACH ELEMENT.
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V.
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A NEW TRIAL SHOULD BE GRANTED IN THE INTEREST OF JUSTICE AS THE REAL ISSUE
WAS NOT FULLY TRIED.
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Sexual Assault of a Child
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State v. Cleveland, 99-2682-CR
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III.
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MR. CLEVELAND'S TWO CONVICTIONS FOR TOUCHING MELISSA'S BREASTS THROUGH
THE LEATHER COAT WHILE OILING THE COAT AND LIFTING HER OFF THE CHAIR VIOLATE THE
DOUBLE JEOPARDY PROTECTION AGAINST MULTIPLE PUNISHMENTS FOR THE SAME OFFENSE,
REQUIRING THIS COURT TO REVERSE ONE OF THE TWO CONVICTIONS.
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State v. Pearson, 99-2399-CR
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I.
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THE TRIAL COURT ERRED WHEN IT ALLOWED THE PROSECUTOR TO LEAD THE CHILD
WITNESS AND PERMITTED THE PROSECUTOR TO PRAISE AND ENCOURAGE THE WITNESS AS
SHE TESTIFIED.
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II.
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THE JURY SHOULD NEVER HAVE HEARD BEVERLY DUVALL'S TESTIMONY AS IT WAS
HEARSAY THAT DID NOT FALL WITHIN THE EXCITED UTTERANCE EXEPTION, OR ANY OTHER
EXCEPTION TO THE HEARSAY RULE.
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III.
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THE TRIAL COURT ERRED WHEN IT ALLOWED DR. MIELKE TO REPEAT CHELSEA'S
ALLEGATIONS OF ABUSE BY MR. PEARSON BECAUSE SUCH TESTIMONY DID NOT FALL WITHIN
THE MEDICAL DIAGNOSIS EXCEPTION TO THE HEARSAY RULE.
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IV.
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THE TRIAL COURT ERRED IN ALLOWING MILT VIERGUTZ'S TESTIMONY BECAUSE IT
DID NOT FALL WITHIN THE MEDICAL DIAGNOSIS AND TREATMENT HEARSAY EXCEPTION.
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State v. Perkins, 99-2585-CR
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I.
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MR. PERKINS' CONVICTIONS FOR TWO COUNTS OF SECOND-DEGREE SEXUAL ASSAULT
OF A CHILD VIOLATE THE DOUBLE JEOPARDY PROTECTION AGAINST MULTIPLE PUNISHMENTS
FOR THE SAME OFFENSE, REQUIRING THIS COURT TO REVERSE ONE OF HIS TWO CONVICTIONS.
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State v. Schwartz, 99-0476-CR
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I.
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THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS VIOLATED WHEN THE COURT WOULD
NOT PERMIT DEFENSE COUNSEL TO ASK THE COMPLAINAINT, KIMBERLY, IF SHE HAD LIED
TO HER TEACHERS, AND PERMITTED A WITNESS, ALICIA, TO TESTIFY THAT SHE BELIEVED
THE DEFENDANT HAD SEXUALLY ASSAULTED KIMBERLY.
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II.
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THE DEFENDANT'S RIGHT TO A FAIR TRIAL AND TO PRESENT A DEFENSE WAS VIOLATED
WHEN THE COURT RULED THAT SCHOOL PSYCHOLOGIST GEORGE WEISBECK WOULD NOT BE
PERMITTED TO TESTIFY AS TO THE RESULTS OF HIS M-TEAM EVALUATION OF KIMBERLY.
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III.
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THE DEFENDANT'S RIGHT TO A FAIR TRIAL AND TO PRESENT A DEFENSE WERE
VIOLATED WHEN THE COURT RULED THAT SOCIAL WORKER FONSECA'S TESTIMONY REGARDING
KIMBERLY'S LYING BEHAVIOR WAS IRRELEVANT.
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IV.
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MR. SCHWARTZ IS ENTITLED TO A NEW TRIAL IN THE INTEREST OF JUSTICE BECAUSE
THE REAL CONTROVERSY WAS NOT FULLY TRIED.
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State v. Bradley Alan St. George, 00-2830-CR
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I.
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MR. ST. GEORGE WAS DENIED DUE PROCESS AND HIS RIGHT TO PRESENT A DEFENSE, OR IN
THE ALTERNATIVE, HIS RIGHT TO EFFECTIVE COUNSEL, WHEN THE DEFENSE WAS PRECLUDED
FROM INTRODUCING EVIDENCE OF PRIOR SEXUAL CONTACT INVOLVING THE CHILD COMPLAINANT
AND ANOTHER CHILD OFFERED TO DEMONSTRATE AN ALTERNATIVE SOURCE OF KNOWLEDGE FOR
THE CHILD'S ACCUSATION OF SEXUAL CONTACT AGAINST MR. ST. GEORGE.
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II.
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MR. ST. GEORGE WAS DENIED DUE PROCESS AND HIS RIGHT TO PRESENT A DEFENSE WHEN
THE TRIAL COURT EXCLUDED PROFFERED TESTIMONY FROM DEFENSE EXPERT DR. DONALD
STONEFELD.
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Exploitation
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State v. William J. Church, 97-3140-CR, __ Wis.2d __ ( )
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III.
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WHETHER THE TWO COUNTS OF CHILD ENTICEMENT WERE THE SAME IN LAW AND FACT HAS
LITTLE BEARING ON LEGISLATIVE INTENT; BLOCKBURGER ANALYSIS SHOULD NO LONGER BE
REQUIRED IN CASES WHERE MULTIPLE PUNISHMENTS HAVE BEEN IMPOSED IN A SINGLE
PROSECUTION UNLESS ONE COUNT IS ARGUABLY INCLUDED WITHIN THE OTHER.
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Court of Appeals Decision
   
Supreme Court Decision
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Prostitution/Pandering
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(No Entries)
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Sexual Conduct
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(No Entries)
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Other
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State v. John T. Trochinski, Jr., 00-2545-CR
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II.
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THE STATUTE PROHIBITING EXPOSING A MINOR TO HARMFUL MATERIAL IS UNCONSTITUTIONALLY
OVERBROAD ON ITS FACE BECAUSE IT IMPOSES STRICT LIABILITY FOR CONSTITUTIONALLY
PROTECTED EXPRESSION.
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