On Point: 1. Appeals

Edmund Ingram v. Jones, 507 F. 3d 640 (Nos. 06-2766 & 06-2879, 11/14/07)

Issue/Holding: If a prison has a “legal mailing system,” and the inmate isn’t obligated to pay postage for legal mail, then the notice of appeal may be deemed filed when deposited in the system even without prepaid postage. However, “if a prison does not have a legal mailing system, the prisoner is required to show,

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.

State v. Michael J. Parent, 2006 WI 132, on certification
For Parent: William E. Schmaal, SPD, Madison Appellate
Amicus: Meredith J. Ross & William E. Rosales

Issue/Holding: (Procedure generally described, State v. Christopher G. Tillman, 2005 WI App 71, ¶17, quoted with approval, ¶¶18-23; see also ¶¶35-41, taking note of Wilkinson v. Cowan, 231 F.3d 347 (7th Cir.

State v. Michael J. Parent, 2006 WI 132, on certification
For Parent: William E. Schmaal, SPD, Madison
AppellateAmicus: Meredith J. Ross & William E. Rosales

Issue/Holding:

¶49      We conclude that the attorney general comes under the purview of Wis. Stat. § 972.15(4) and (4m) (2005-06) because, in criminal appeals, the attorney general is often the State’s successor to the district attorney. … We therefore conclude that under §§ 972.15 and 967.02(7) the attorney general’s office should submit any requests to obtain a copy of the PSI report and to disclose its contents in the State’s brief to the circuit court for the purposes of a no-merit appeal.

 State v. Lionel N. Anderson, 2006 WI 77, reversing 2005 WI App 238
For Anderson: Harry R. Hertel

Issue/Holding:

¶36      The parties agree with the court of appeals that the circuit court’s communications with the jury outside the presence of the defendant is error, violating the defendant’s constitutional and statutory right to be present.  We agree with the parties.…

¶63      (W)hatever the requirement for an accused’s waiver of the right to be present when a circuit court communicates with the jury,

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 v. Shirley E., 2006 WI 129, affirming 2006 WI App 55
For Shirley E.: Andrea Taylor Cornwall, SPD, Milwaukee Appellate

Issue/Holding:

¶63      Depriving a parent of the statutory right to counsel in a termination of parental rights proceeding deprives the parent of a basic protection without which, according to our legislature, a termination of a parental rights proceeding cannot reliably serve its function.

State v. Michael J. Parent, 2006 WI 132, on certification
For Parent: William E. Schmaal, SPD, Madison
AppellateAmicus: Meredith J. Ross & William E. Rosales

Issue/Holding:

¶30      We reject Parent’s contention that Wis. Stat. § (Rule) 809.32(1)(d) confers an unqualified right for a no-merit appellant to access personally the PSI report. …¶31      But neither are we persuaded by the State’s argument, which would place the onus on the defendant to demonstrate a “substantial need”

State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd

Issue/Holding:

¶21      … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has reasoned that the rule against citing unpublished cases is essential to the reduction of the overwhelming number of published opinions and is a necessary adjunct to economical appellate court administration.

City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06

For Nytsch: Chad A. Lanning

Issue/Holding: ¶18 n. 6:

…This court is not so naïve as to believe that unpublished opinions, whether one-judge opinions, per curiam opinions or authored opinions sit in a file serving as dinner for book lice. [A tiny, soft-bodied wingless psocoptera,