On Point: B. Commencing the appeal

State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity

In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor.

In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal.

Artillis Mitchell v. Chris S. Buesgen & Kevin A. Carr, 2022AP1076, 2/22/24, District 4 (recommended for publication); case activity

This case concerns Mitchell’s appeal from the circuit court’s order dismissing his petition for a writ of certiorari. We recognize the case is a bit outside of our normal coverage, but in addition to the fact that D4 has recommended this decision for publication, the case presents an interesting, if somewhat technical, application of law to a factual scenario that is likely of some interest to our readers. The bottom line is that the denial of Mitchell’s petition is affirmed, despite the fact that he indisputably filed proof that he fully exhausted all available administrative remedies, because he failed to file “all documents related to the administrative process.” Op., ¶33-34.

State v. Michele M. Ford, 2022AP187 & 2022AP188, 10/31/23, District I (one-judge decision; ineligible for publication); case activity

The takeaway from this procedurally convoluted case is that Ford succeeds in her appeal from an order finding her incompetent to stand trial in two misdemeanor cases. Specifically, the court reverses and remands for a “nunc pro tunc” competency hearing at which the circuit court will have to determine whether Ford was competent to proceed without relying on trial counsel’s statements to the evaluator, which the court holds violated the attorney-client privilege and amounted to ineffective assistance of counsel. (Op., ¶26).

State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity

Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements made by his trial counsel that arguably disclosed confidential information to the court and painted O.F. in a bad light. The court rejects O.F.’s claim primarily because he failed to establish “any prejudice” and also rejects O.F.’s assertions that his IAC claim was structural and thus did not require a post-disposition motion or a Machner evidentiary hearing. (Opinion, ¶¶22-25).

City of Port Washington v. Sandra J. Koziol, 2021AP449-450-FT, 10/6/21, District 2 (1-judge opinion; ineligible for publication); case activity (including briefs)

Each year, Wisconsin’s municipal courts resolve close to half of a million cases, including traffic offenses, OWIs, and other quasi-criminal matters. See data here. A party aggrieved by a municipal court judgment has a statutory right to appeal it. This unpublished opinion resolves an issue of first impression regarding the procedure for appealing municipal court judgments in a way that restricts that right and violates the statute.

Winnebago County v. A.A.L., 2020AP1511, 3/24/2021, District 2 (one-judge decision; ineligible for publication); case activity

A.A.L. appeals her commitment under ch. 51. She claims the county didn’t give her adequate notice of which statutory forms of dangerousness it intended to prove, and that in any event it didn’t prove any of them. The court of appeals finds the notice argument forfeited (though it goes on to say it’s also unconvincing). And though it admonishes the county for presenting a bare-bones case and calls the question “close,” the court also holds the evidence of dangerousness sufficient for commitment.

State v. Robert James Pope, Jr., 2019 WI 106, affirming an unpublished court of appeals opinion; case activity (including briefs)

In the most absurd decision this term (still time for worse), SCOW has denied a defendant sentenced to life without parole both a direct appeal and a new trial because the court system destroyed all of his trial transcripts. The defendant “sat on his rights,” said the majority opinion, written by Justice Ziegler. When his lawyer failed to file a timely notice of intent to pursue postconviction relief, he should have immediately, without counsel, figured out how to defend his appeal rights and effectively defended them. He didn’t. No relief.

City of Milwaukee v. David B. Munzinger, 2018AP2186, 7/23/2019, District 1 (one-judge decision; ineligible for publication); case activity (including briefs)

Munzinger fought his OWI citation in the municipal court and lost; he filed an appeal to the circuit court pursuant to Wis. Stat. § 800.14. To do this, his counsel filed a form  in the circuit court captioned “Notice of Appeal” (probably this one, provided by the municipal court). He also emailed the city attorney alerting him to the appeal and apparently spoke to him about it. But, his email didn’t include a copy of the “Notice of Appeal” form. The city moved to dismiss and the circuit court granted the motion.

State v. Sean R. Wolfe and State v. Donald Ray Ward, 2019 WI App 32; case activity here and here .

¶1  We hold that under established principles of finality, when a circuit court denies a RULE 809.30 postconviction motion in part and grants the motion in part such that further proceedings are required, an appeal cannot be taken until those further proceedings are completed. Because the judgments of conviction and the circuit court orders from which these appeals are taken do not dispose of the entire matter in litigation between the parties, we lack jurisdiction.