(Download) "State v. Wasserman" by State of Wisconsin in Court of Appeals District I " eBook PDF Kindle ePub Free

July 17, 2021

eBook details

Title: State v. Wasserman
Author : State of Wisconsin in Court of Appeals District I
Release Date : January 26, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

1 Heath N. Wasserman appeals from a judgment of conviction for one count of possession of a firearm by a convicted felon contrary to WIS. STAT. 941.29(2)(a) (2005-06).The judgment was entered pursuant to a negotiated no-contest plea dated October 16, 2006, after the original charge was dismissed because of a missing witness. When reissued, the new trial court took judicial notice of the original courts findings in the suppression motion. Wasserman contends that the trial court erred by taking judicial notice of earlier findings from the original trial court rather than re-hearing the suppression motion. Wasserman also challenges the original trial courts ruling on the suppression motion on the grounds that the search was unlawful. Because the trial court erred in taking judicial notice of the prior judges discretionary decision in a dismissed case that never went to judgment, when the court should have conducted a new suppression hearing and issued its own decision, we reverse, set aside the no-contest plea, and remand for a new suppression hearing.