position rule in Wisconsin

1999Community Credit relies on Suburban State Bank v. Squires, 145 Wis. 2d 445 , 427 N.W.2d 393 (Ct. App. 1988).

1999Community Credit relies on Suburban State Bank v. Squires, 145 Wis. 2d 445 , 427 N.W.2d 393 (Ct. App. 1988).

1996Id.

1991Norwood cites United States v. Carroll, 678 F.2d 1208 (4th Cir. 1982), for the proposition that prosecutorial comment on a defendant's demeanor during trial is improper.

1984Following this determination, Walstad pleaded no contest, a judgment of conviction was entered, and an appeal was taken. 3 The state on this appeal responsively argues that the motion to suppress was untimely, because it was not made within ten days, as required by sec. 345.421, Stats. 1979-80. 4 On the other hand, it is argued by the defendant that the ampoule was also required to be produced pursuant to sec. 971.23(5), Stats. 1979-80, 5 which states that, on motion, “ [T] he court may order the production of any item of physical evidence which is intended to be introduced at the trial . . .

1984Following this determination, Walstad pleaded no contest, a judgment of conviction was entered, and an appeal was taken. 3 The state on this appeal responsively argues that the motion to suppress was untimely, because it was not made within ten days, as required by sec. 345.421, Stats. 1979-80. 4 On the other hand, it is argued by the defendant that the ampoule was also required to be produced pursuant to sec. 971.23(5), Stats. 1979-80, 5 which states that, on motion, “ [T] he court may order the production of any item of physical evidence which is intended to be introduced at the trial . . .

1980This court takes the position that the standard for determining waiver of the right to counsel in criminal proceedings is the same whether that right arises under Miranda or Massiah . 6 Schilling v. State, 86 Wis.2d at 79 .

1978Fehrman, supra at 25 ; Burnside v. Evangelical Deaconess Hospital, 46 Wis.2d 519, 523 , 175 N.W.2d 230 (1970); Mercurdo v. County of Milwaukee, 82 Wis.2d 781, 786 , 264 N.W.2d 258 (1978).

1978Fehrman, supra at 25 ; Burnside v. Evangelical Deaconess Hospital, 46 Wis.2d 519, 523 , 175 N.W.2d 230 (1970); Mercurdo v. County of Milwaukee, 82 Wis.2d 781, 786 , 264 N.W.2d 258 (1978).

1978Fehrman, supra at 25 ; Burnside v. Evangelical Deaconess Hospital, 46 Wis.2d 519, 523 , 175 N.W.2d 230 (1970); Mercurdo v. County of Milwaukee, 82 Wis.2d 781, 786 , 264 N.W.2d 258 (1978).

1978Fehrman, supra at 25 ; Burnside v. Evangelical Deaconess Hospital, 46 Wis.2d 519, 523 , 175 N.W.2d 230 (1970); Mercurdo v. County of Milwaukee, 82 Wis.2d 781, 786 , 264 N.W.2d 258 (1978).

1973In Slocum v. Head (1900), 105 Wis. 431 , 81 N.W. 673 , for instance, in concluding that a faulty incorporation attempt resulted in a de facto *Page 164 corporation, the court approved the following statement of the law, at p. 435: "`. . .

1973In Slocum v. Head (1900), 105 Wis. 431 , 81 N.W. 673 , for instance, in concluding that a faulty incorporation attempt resulted in a de facto *Page 164 corporation, the court approved the following statement of the law, at p. 435: "`. . .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), *326 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1963In support of this position they cite Newport Co. v. Tax Comm. (1935), 219 Wis. 293 , 261 N. W. 884 , Briggs & Stratton Corp. v. Department of Taxation (1946), 248 Wis. 160 , 21 N. W. (2d) 441 , and Kimberly-Clark Corp. v. Department of Taxation (1946), 248 Wis. 165 , 21 N. W. (2d) 441 .

1951Co. (1920), 189 Ind. 210, 230 , 126 N. E. 628 . “. . . the city being a municipal corporation and the creature of. the state legislature, does not stand in a position to claim the benefit of the constitutional provision in question, since its charter can be amended, changed, or even abolished at the will of the legislature. . . . *247 . . the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or revoked, without the impairment of any constitutional oblig

1951Co. (1920), 189 Ind. 210, 230 , 126 N. E. 628 . “. . . the city being a municipal corporation and the creature of. the state legislature, does not stand in a position to claim the benefit of the constitutional provision in question, since its charter can be amended, changed, or even abolished at the will of the legislature. . . . *247 . . the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or revoked, without the impairment of any constitutional oblig

1950Hanson v. Matas (1933), 212 Wis. 275, 279 , 249 N. W. 505 ; Johnson v. Prideaux (1922), 176 Wis. 375, 379 , 187 N. W. 207 .

1950Hanson v. Matas (1933), 212 Wis. 275, 279 , 249 N. W. 505 ; Johnson v. Prideaux (1922), 176 Wis. 375, 379 , 187 N. W. 207 .

1950Hanson v. Matas (1933), 212 Wis. 275, 279 , 249 N. W. 505 ; Johnson v. Prideaux (1922), 176 Wis. 375, 379 , 187 N. W. 207 .

1950Hanson v. Matas (1933), 212 Wis. 275, 279 , 249 N. W. 505 ; Johnson v. Prideaux (1922), 176 Wis. 375, 379 , 187 N. W. 207 .

1911Winkler v. Magdeburg, 100 Wis. 421 , 16 N. W. 332 ; Fanning v. Murphy, 126 Wis. 538 , 105 N. W. 1056 .

1911Winkler v. Magdeburg, 100 Wis. 421 , 16 N. W. 332 ; Fanning v. Murphy, 126 Wis. 538 , 105 N. W. 1056 .

1911Winkler v. Magdeburg, 100 Wis. 421 , 16 N. W. 332 ; Fanning v. Murphy, 126 Wis. 538 , 105 N. W. 1056 .

1884The case of Haseltine v. Simpson, 58 Wis., 579 , is referred to, to sustain the position that the defense will be allowed even when it is not well pleaded.

1871This brings us to inquire whether the tax deed is void by reason of the omission therefrom of the words “ as the fact is.” This court Reid in Lain v. Cook, 15 Wis., 446 , that the omission of these words invalidates the deed, and that decision was adhered to in the later cases of Lain v. Shepardson, 18 Wis., 59 ; and Wakely v. Mohr, id., 321.

1871This brings us to inquire whether the tax deed is void by reason of the omission therefrom of the words “ as the fact is.” This court Reid in Lain v. Cook, 15 Wis., 446 , that the omission of these words invalidates the deed, and that decision was adhered to in the later cases of Lain v. Shepardson, 18 Wis., 59 ; and Wakely v. Mohr, id., 321.