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.

Tagged with: Court of Appeals exculpatory evidence

2011AP2668-CR State v. McEssey

Tagged with: Criminal Digest Criminal Procedure Digest due process exculpatory evidence WI Court of Appeals Digest

2011AP2157-CR State v. Picotte

Tagged with: Criminal Digest Criminal Procedure Digest exculpatory evidence Ineffective assistance New trials WI Court of Appeals Digest

10-1486 U.S. v. Mota

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2011AP1180-CR State v. Coleman

Tagged with: Coleman Criminal Digest Criminal Procedure Digest exculpatory evidence WI Court of Appeals Digest

2011AP236 State v. Smith

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10-8145 Smith v. Cain

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10-2999 U.S. v. Villasenor

Tagged with: 7th Circuit Digest Criminal Digest Criminal Procedure Digest due process exculpatory evidence

10-3873 U.S. v. Muoghalu

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2010AP872-CR State v. Beck

Tagged with: Criminal Digest Criminal Procedure Digest exculpatory evidence Ineffective assistance Juror bias WI Court of Appeals Digest

Criminal Procedure Due process; exculpatory evidence

Tagged with: 7th Circuit Digest Criminal Digest Criminal Procedure Criminal Procedure Digest due process exculpatory evidence

Criminal Procedure Exculpatory evidence

Tagged with: Criminal Digest Criminal Procedure Criminal Procedure Digest exculpatory evidence WI Court of Appeals Digest

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 ...

Tagged with: due process exculpatory evidence Motor Vehicles Digest OWI

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 ...

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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 ...

Tagged with: Criminal Procedure Digest exculpatory evidence

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 ...

Tagged with: Criminal Procedure Digest exculpatory evidence New trials