A health and fitness club could not enforce an exculpatory waiver that a member signed when he joined the club, the Wisconsin Court of Appeals has ruled in reversing a dismissal.

2011AP2668-CR State v. McEssey

2011AP2157-CR State v. Picotte

10-1486 U.S. v. Mota

2011AP1180-CR State v. Coleman

2011AP236 State v. Smith

10-8145 Smith v. Cain

10-2999 U.S. v. Villasenor

10-3873 U.S. v. Muoghalu

2010AP872-CR State v. Beck

Criminal Procedure Due process; exculpatory evidence

Criminal Procedure Exculpatory evidence

Motor Vehicles OWI; due process; exculpatory evidence This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a prohibited blood alcohol content (PAC), both as a third offense. The circuit court did so based on its determination that ...

Criminal Procedure Plea withdrawal; exculpatory evidence William O’Donnell appeals from a circuit court order denying his postconviction motion without a hearing. O’Donnell was convicted upon his plea of no contest to misdemeanor battery as an act of domestic abuse, contrary to Wis. Stat. §§ 940.19(1) and 968.075(1). In his postconviction motion, O’Donnell requested dismissal of the charge or plea withdrawal ...

Criminal Procedure Exculpatory evidence Where a defendant could not show that evidence had exculpatory evidence, the State’s destruction of it did not violate his due process rights. “First and foremost, Munford’s argument ignores the trial court’s finding that Detective Gastrow thoroughly examined the van and did not find a bullet or a bullet strike. Munford does not challenge this finding ...

Criminal Procedure New trials; exculpatory evidence Byron Stewart appeals from a judgment convicting him of first-degree intentional homicide, as party to a crime, and from an order denying his postconviction motion. Stewart contends that he is entitled to a new trial because: (1) the State failed to disclose impeachment evidence as to their central witness, violating his due process rights ...