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

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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.