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02-0481 In Re imposition of costs on attorney, State v. Mollie: Koby v. La Crosse County Circuit Court

By: dmc-admin//December 3, 2002//

02-0481 In Re imposition of costs on attorney, State v. Mollie: Koby v. La Crosse County Circuit Court

By: dmc-admin//December 3, 2002//

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Attorney James Koby appeals an order which imposed sanctions on him for filing what the trial court deemed to be a frivolous suppression motion. Koby contends that the relevant statute, Wis. Stat. sec. 802.05(1) (1999-2000), does not apply in criminal cases. We do not address that question, however, because we conclude that Koby had a good faith basis to bring a suppression motion even if the statute does apply.

Reversed.

This opinion will not be published.

Dist IV, La Crosse County, Perlich, J., Per Curiam

Attorneys:

For Appellant: James R. Koby, La Crosse

For Respondent: Matthew J. Frank, Madison; David C. Rice, Madison; Jessica Skemp, La Crosse

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