On Point: C. Briefs/Appendices

In the Matter of Sanctions in: State v. Gregory K. Nielsen, 2011 WI 94, remanding sanctions order; for State Public Defender: Joseph N. Ehmann; case activity; subsequent history: sanction re-imposed on remand

Monetary sanction summarily ordered by court of appeals against appellate counsel for allegedly violating appendix-content rule reversed, with following “suggestion” for procedure to be followed in such situations:

¶5   Considering the interests of the court of appeals,

State v. Joshua P. O’Keefe, 2010AP2898-CR, District 4, 10/13/11

court of appeals decision (1-judge, not for publication); for O’Keefe: Steven D. Grunder, SPD, Madison Appellate; case activity

¶7        O’Keefe contends that the circuit court erred in admitting the testimony of Bannach and Wanta in which they read to the jury the “Diagnosis” portion of the medical reports because O’Keefe was not afforded an opportunity to cross-examine the doctors who prepared the reports,

seventh circuit court of appeals decision

Inadequate Argumentation – Sanction 

Counsel’s woefully inadequate argumentation (“a single, underdeveloped legal argument” that, “(w)orse yet … was foreclosed by” prior precedent) not only dooms his client’s effort to resist deportation, notwithstanding palpable equities on her side, but has consequences for counsel himself:

… We are disturbed, however, by Baniassadi’s perfunctory performance. People in Wroblewska’s position face life-changing consequences from their immigration proceedings.

State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity

OWI – Repeater – Proof, Prior “Conviction”

Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d).

¶9        When Wisconsin’s driving laws provide for the enhancement of penalties for a current offense based on prior offenses, the State must present “‘competent proof’” of those earlier offenses.  

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11

court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity

Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off.

¶13      Specifically, as the trial court indicated, the time of day is an important factor in determining whether a law enforcement officer had a reasonable suspicion. 

State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11

court of appeals (1-judge, not for publication); pro se; case activity

¶6        The trial court determined that the complaint and the amended complaint were proper, stating,

The complaint was duly sworn on oath.  The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. § 968.02(1).  The complaint alleges multiple violations of WIS.

City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11

court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity

Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration.

¶18      In short, Parr was a reliable witness who told police that she personally observed Schneidler drink alcohol and then drive and who made herself available to the police for questioning. 

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11

court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity

Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the 3 grounds for termination – the court discerns no basis to doubt either of the remaining 2 grounds,

Donna J. Murr v. St. Croix County Board of Adjustment, 2008AP2728, District 3, 2/15/11

court of appeals decision (recommended for publication); case activity

¶18 n. 11:

The Board’s response brief repeatedly refers to Murr as plaintiff.  We remind counsel that references should be to names, not party designations.  See Wis. Stat. Rule 809.19(1)(i).

Surpassingly minor point? Sure –

Shirley Anderson v. Northwood School District, 2011 WI App 31; case activity

¶7 n. 3:

Northwood cites a circuit court decision from another case as persuasive authority, correctly noting that such a citation does not violate WIS. STAT. RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009.  However, Northwood then emphasizes we affirmed the circuit court, provides citation to the 2005 unpublished appellate court decision,