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STATE v. JOHNSON

No. 2011AP2864-CRAC.

832 N.W.2d 609 (2013)

2013 WI 59

STATE of Wisconsin, Plaintiff-Appellant-Cross-Respondent-Petitioner, v. Samuel Curtis JOHNSON, III, Defendant-Respondent-Cross-Appellant.

Supreme Court of Wisconsin.

Decided July 3, 2013.

Attorney(s) appearing for the Case

For the plaintiff-appellant-cross-respondent-petitioner, the cause was argued by Marguerite M. Moeller , assistant attorney general, with whom on the briefs was J.B. Van Hollen , attorney general.

For the defendant-respondent-cross-appellant, there was a brief by Michael F. Hart , Craig S. Powell , Geoffrey R. Misfeldt , and Kohler & Hart, S.C., Milwaukee, and Mark D. Richards and Richards & Hall, S.C., Racine, and Stephen J. Meyer and Meyer Law, Madison. The cause was argued by Mark D. Richards .

An amicus curiae brief was filed by Kathleen Quinn , Milwaukee, on behalf of T.S.

An amicus curiae brief was filed by Eric J. Wilson and Dustin B. Brown and Godfrey & Kahn, S.C., Madison, on behalf of the Wisconsin Coalition Against Sexual Assault.

PER CURIAM.

¶ 1 This is a review of an unpublished opinion of the court of appeals that affirmed in part and reversed in part an order of the circuit court.1 Three issues are presented for review:

¶ 2 First, should State v. Shiffra, 175 Wis.2d 600, 499 N.W.2d 719 (Ct.App. 1993), be overruled because its holding rests on an erroneous premise...

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