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STATE v. SCHMITT

Nos. 2011AP1949, 2011AP2692.

824 N.W.2d 899 (2012)

344 Wis.2d 587

2012 WI App 121

STATE of Wisconsin, Plaintiff-Respondent, v. Robert M. SCHMITT, Defendant-Appellant, 2002 Toyota Tacoma, Defendant. State of Wisconsin, Plaintiff-Respondent, v. Robert M. Schmitt and 2002 Toyota Tacoma, Defendants, Beverly Korn, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed October 3, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant and intervenor-appellant, the cause was submitted on the briefs of Donna J. Kuchler of Kuchler & Cotton, S.C., of Waukesha, for Appellant.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Barbara A. Michaels , assistant district attorney, for Respondent.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

BROWN, C.J.

¶ 1 In this case we decide that, even though the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action, the failure to authenticate the affidavit in this instance was a technical and not a fundamental error where the deficiency was due to a clerk's error. Our supreme court has held that when the failure to authenticate is due to a clerk's error, the error...

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