On Point: B. Commencing the appeal

State v. Frederick W. Rushing, 2007 WI App 227, PFR filed 10/25/07
For Rushing: Randall E. Paulson, SPD, Milwaukee Appellate

Issue/Holding: Trial courts possess inherent authority to reconsider any non-final ruling prior to entry of final order or judgment, ¶13, citing State v. Bobby R. Williams, 2005 WI App 221, ¶17, 287 Wis. 2d 748, 706 N.W.2d 355.

The trial court reconsidered its own prior sua sponte vacatur of a guilty plea.

Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86

Issue/Holding:

¶14      By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a discussion of the levels of deference, that the interpretation and application of a statute is a question of law to be determined by a court. 

State ex rel. Luis Santana v. Endicott, 2006 WI App 13

Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992):

¶1        … Although Santana may seek habeas relief on his ineffective assistance claim,

State v. Christine M. Quackenbush /  State v. Michael D. Lee, 2005 WI App 2
For Quackenbush: Tyler J. Tripp
For Lee: Thomas F. Locante, SPD, La Crosse Trial
For Amicus: Joseph N. Ehmann, SPD, Madison Appellate

Issue1: Whether, in light of State v. Iran D. Evans, 2004 WI 84, the court of appeals retains any authority under § 809.82 to extend the time for filing a notice of intent to pursue postconviction relief.

State v. Keith E. Williams, 2005 WI App 122
For Williams: Christopher William Rose

Issue/Holding: The court of appeals has authority to extend the defendant’s deadline for filing cross-appeal to State’s appeal of postconviction grant of new trial:

¶4        However, as the State points out, the jurisdiction of the circuit court was initially invoked by the motion for postconviction relief under Wis. Stat. Rule 809.30(2)(h).

State v. Bobby R. Williams, 2005 WI App 221
For Williams: Richard D. Martin, SPD, Milwaukee Appellate

Issue: Whether a postconviction motion granting plea-withdrawal is final, so as to trigger the 45-day deadline in § 974.05(1)(a) for State’s appeal.
Holding:  

¶15 Wisconsin Stat. § 808.03 sets forth appeals as of right and appeals by permission. Subsection (1) explains that an order is final when it “disposes of the entire matter in litigation as to one or more of the parties,

State v. Lamont D., 2005 WI App 264

Issue/Holding: ¶1 n. 4:

Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention.  WISCONSIN STAT. § 48.235(7) plainly states that the guardian ad litem “may appeal,

State ex rel. Individual v. Davis, 2005 WI 70, on certification
Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe

Issue/Holding:

¶15      A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6] As a remedy, writs of prohibition are often used in connection with John Doe proceedings.

State v. Iran D. Evans, 2004 WI 84, reversing unpublished decision of court of appeals
For Evans: Robert R. Henak

Issue/Holding: The petition for writ of habeas corpus procedure mandated by State v. Knight, 168 Wis. 2d 509, 522, 484 N.W.2d 540 (1992) is the exclusive mechanism for seeking reinstatement of direct appeal deadlines lost on account of ineffective assistance of counsel;

Derek J. Harder v. Carol L. Pfitzinger, 2004 WI 102

Issue/Holding:

¶15. If there are no further documents in the circuit court’s file and all substantive issues have been decided for one or more parties in an order or a judgment, there is usually less confusion about whether the time for appeal has begun to run, than when there is a subsequent court document. Our prior cases have attempted to remove confusion about when the time limits in Wis.