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[Download] "County Racine v. Stephen v. Smith" by 1996 United States Court of Appeals for the Second Circuit August Term ~ eBook PDF Kindle ePub Free

County Racine v. Stephen v. Smith

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eBook details

  • Title: County Racine v. Stephen v. Smith
  • Author : 1996 United States Court of Appeals for the Second Circuit August Term
  • Release Date : January 12, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Stephen v. Smith appeals from his conviction of operating a motor vehicle while having a blood alcohol concentration of .10% or more contrary to a county ordinance adopting sec. 346.63(1) (b), Stats. At issue is whether Smiths no contest plea to that charge constituted a waiver of his right to appeal alleged non-jurisdictional trial court errors in this civil forfeiture case. We conclude that the waiver rule applying to guilty and no contest pleas in criminal cases similarly applies in a civil forfeiture case. The exception to that rule found in sec. 971.31(10), Stats., does not apply to civil forfeiture cases, and, therefore, the appeal is dismissed.


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