On Point: 1. Appeals

Go: here.

Go: here.

court of appeals decision

Inadequate Appendix to Appellate Brief
¶5 n. 1:

 We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. Fronimades, 2 Wis. 2d 89, 93-94, 86 N.W.2d 25 (1957). Even more troubling is that both appellate counsel failed to include in the appendix all “the findings or opinion[s] of the circuit court … including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues,” as required by Wis.

court of appeals decision

Appellate Standard of Review, Certiorari

¶9        When we review an application for a writ of certiorari, we review the agency’s decision, not the decision of the circuit court.  Kraus v. City of Waukesha Police & Fire Comm’n, 2003 WI 51, ¶10, 261 Wis. 2d 485, 662 N.W.2d 294.  The scope of certiorari review is limited to whether the Housing Authority:  (1) kept within its jurisdiction;

court of appeals decision

Civil Notice of Appeal and Finality of Order
All final judgments or final orders entered after September 1, 2007, must include a statement that it is a final judgment or final order for purposes of appeal, but it is not “an absolute rule” that “an appeal cannot be filed from a judgment or order that disposes of the entire matter in litigation but does not include the statement that it is final for purposes of appeal,” ¶3.

court of appeals decision; for Haywood: Robert E. Haney

Battery to Peace Officer, § 940.20(2), Elements
It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for what he or she does to be done in the officer’s ‘official capacity.’

court of appeals decision; for Genevieve M.: Lora B. Cerone, SPD, Madison Appellate

Notice of Appeal Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute 
¶2 n. 2:

The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire &

court of appeals decision; for Brown: Paul Bonneson; for SPD: Colleen D. Ball, Milwaukee Appellate

No-Merit Report – Counsel Appointed by Circuit Court Rather Than SPD
Issue/Holding:

¶7        The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public defender may file a no-merit report using the statutory scheme set out in Rule 809.32.

Sentence modification based on new factor; Earned Release Program and Challenge Incarceration Program

State v. Jeremy D. Schladweiler, 2008AP3119-CR, Dist II, 11/11/09

Pro se

 Issue/Holding:

¶7        Sentence modification involves a two-step process. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). First, a defendant must show the existence of a new factor thought to justify the motion to modify sentence.

Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element

Click here for court of appeals decision, PFR filed 8/3/09

(opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser included instruction to reckless injury, but the new opinion rejects that conclusion)

Pro se

Issue/Holding: State failure to argue,