On Point: 1. Appeals

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court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity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

State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11

court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity

Hoffman’s challenge to the length of his sentence became moot once he had fully served it.

¶6     At the outset, the State contends that Hoffman’s appeal is moot; he has served his entire seven-month sentence and this court’s review on his motion for sentence modification will have no practical effect. 

7th circuit decision

Habeas Review – Inadmissible Evidence – Harmless Error

Error in jury exposure, during deliberations, to inadmissible police report deemed harmless where the report contained merely cumulative information, the trial court gave a curative instruction, and the evidence against Brown was overwhelming.

The standard on direct appeal for measuring reversible error is the familiar Chapman test, whether the error was harmless beyond a reasonable doubt.

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court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity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

Richardson v. Henderson, 2010AP1765, District 2, 3/9/11

court of appeals decision (1-judge, not for publication); case activity

¶7, n.4:

Our supreme court has held that “when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.”  Blum v. 1st Auto & Cas. Ins. Co.

State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11

court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity

Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise of discretion. The witness was taking his medication at the time of the alleged offense,

State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity

Preservation of Issue – Motion in Limine

Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to introduce this evidence. Eison didn’t need to lodge additional objection to preserve the issue for review.

Evelyn Werner v. Kenneth Hendree, 2011 WI 10, reversing 2009 WI App 103; case activity

Appellate Procedure – Finality and Appealability

A circuit court order rejecting state indemnification of an employee being sued was non-final and thus absorbed in the final judgment later entered as to liability and damages.

¶62  An appeal may be taken as a matter of right only from a final judgment or a final order. 

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,