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STATE v. HIGGINBOTHAM

No. 89-0884-CR.

162 Wis.2d 978 (1991)

471 N.W.2d 24

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Brian A. HIGGINBOTHAM, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 24, 1991.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Sharon Ruhly, with whom on the briefs was Donald J. Hanaway, attorney general (past) and James E. Doyle, attorney general (present) and oral argument by Sally Wellman.

For the defendant-appellant there was a brief by Charles Bennett Vetzner and Suzanne Hagopian, assistant state public defenders and oral argument by Suzanne Hagopian.

WILLIAM A. BABLITCH, J.

The State of Wisconsin (State) seeks review of a court of appeals' decision which reversed the circuit court's judgment convicting the defendant, Brian J. Higginbotham (Higginbotham), on his no-contest plea to the charge of arson, party to the crime. The court of appeals held that evidence seized in the search of Higginbotham's home and automobile should have been suppressed because the warrant-issuing...

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