State v. Caban

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 28. (dissenting). The problem with this case, as the State's brief explains, is that "[a]t the suppression hearing, the defense and the prosecution could have been two ships passing in the night." Brief for State at 11.1 agree with the State's characterization of the suppression hearing. Apparently so did the court of appeals. This record produced three opinions in the court of appeals: the "lead opinion" by Judge Sundby, a concurrence by Judge Gartzke, and a dissent by Judge Dykman. State v. Caban, 202 Wis. 2d 417, 551 N.W.2d 24 (Ct. App. 1996).

*612¶ 29. I…