On Point blog, page 4 of 4
Notice of Appeal – Deadline – Pro Se Prisoner “Mailbox Rule”
State ex rel. Dillard Earl Kelley, 2003 WI App 81
Issue/Holding: The prison mailbox rule of State ex rel. Nichols v. Litscher, 2001 WI 119 (petition for review filed after nominal deadline timely nonetheless if submitted before deadline to prison authorities for mailing by pro se prisoner) extended here to notice of appeal to dismissal of habeas corpus challenging custody; and, rule’s requirement that document be properly addressed satisfied if addressed to branch clerk of Milwaukee court:
¶11.
Notice of Appeal – Unsigned
State v. Marvin C. Seay, State v. Christopher Tillman, 2002 WI App 37
Issue/Holding:
¶1. In these two appeals, the appellants filed unsigned notices of appeal with the clerks of the circuit courts. The issue is whether the failure to sign the notice of appeal deprives this court of appellate jurisdiction. In accord with the recent United States Supreme Court ruling in Becker v. Montgomery,
Notice of Appeal – Indigency Filing – by Fax
State v. Ronald G. Sorenson, 2000 WI 43, 234 Wis. 2d 648, 611 N.W.2d 240, reversing unpublished decision of court of appeals
Issue: “(W)hether Wis. Stat. § 801.16(2), under which ‘papers that do not require a filing fee’ may be filed by facsimile transmission, permits indigent parties to file a notice of appeal by facsimile.”
Holding: ¶5:
We hold that a notice of appeal may be filed by facsimile transmission because a notice of appeal is not a paper that requires a filing fee to confer jurisdiction.
Appeal Procedure: Filing in county of origin where judge from different county assigned
State v. Clyde B. Williams, 230 Wis.2d 50, 601 N.W.2d 838 (Ct. App. 1999)
For Williams: Michael E. Nieskes
Issue: Whether papers must be filed in the county of origin after a successor judge from another county is assigned to the case
Holding: “In this appeal we conclude that when a judge from a different county is assigned to a case in response to a substitution request,