On Point: A. Right to appeal

Portage Daily Register v. Columbia Co. Sh. Dept., 2008 WI App 30

Issue/Holding:

¶8        We will generally not consider issues that are moot on appeal. See Hernandez v. Allen, 2005 WI App 247, ¶10, 288 Wis. 2d 111, 707 N.W.2d 557. However, the present appeal is not moot because our ruling will have the practical effect of determining the Register’s right to recover damages and fees under Wis.

State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”)
For Ford: James R. Troupis
For Amicus: Joseph N. Ehmann, SPD, Madison Appellate

Issue/Holding: A client who has strategically foregone a potentially meritorious postconviction challenge is not entitled to the option of a “partial” no-merit report discussing remaining aspects of the case:

¶12 We conclude,

State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order
For Riesch: Christopher J. Cherella

Issue/Holding:

¶11. Since granting the petition for review in this case, we have determined that the issue presented is moot as to Riesch. “An issue is moot when its resolution will have no practical effect on the underlying controversy.” State ex rel. Olson v. Litscher,

State v. Michael S., 2005 WI 82, reversing unpublished decision
For Michael S.: Susan Alesia, SPD, Madison Appellate

Issue/Holding:

¶6 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. [3] A court may decide a moot issue when the issue is of great public importance; occurs frequently and a definitive decision is necessary to guide the circuit courts;

State ex rel. Richard A. Ford v. Holm, 2004 WI App 22, PFR filed 3/1/04
For Ford: James R. Troupis, State Bar Pro Bono Project
For Amicus (SPD): Marla Stephens, Director; Patricia K. Flood, First Asst.SPD

Issue/Holding:

¶2 A person convicted in Wisconsin of committing a crime has a constitutionally guaranteed right to appeal his or her conviction to this court. WIS.

State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116
For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate

Issue/Holding: ¶7 n. 5:

As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v. Leitner,

State v. Stephen T., 2002 WI App 2
For Stephen T.: Raymond M. Dall’Osto

Issue: Whether appeal of a juvenile delinquency adjudication is rendered moot by expiration of its dispositional order.

Holding: No, at least in this instance: certain facets of the order (DNA sample; sex offender registration) survive, and appellate review will therefore have a practical effect. ¶11. (The court doesn’t say whether its mootness holding is limited to offenses that incur these particular consequences.) Moreover,

State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”)
For Ford: James R. Troupis
For Amicus: Joseph N. Ehmann, SPD, Madison Appellate

Issue/Holding: Given circuit court findings “that Ford affirmatively elected not to pursue any issue that would result in the withdrawal of his plea and the possible reinstatement of a second sexual assault charge,” he is deemed to have knowingly and voluntarily waived his right to pursue a postconviction challenge to his guilty plea;

State ex rel. Larry E. Olson v. Litscher, 2000 WI App 61, 233 Wis. 2d 685, 608 N.W.2d 425

For Olson: Dennis Egre, SPD, Kenosha

Issue: Whether this case is moot, where the challenge is to the authorities’ failure to parole a prisoner at his mandatory release date, but he was released during the pendency of the case.

Holding: Although Olson’s release rendered the case moot,

State v. LaMontae D.M., 223 Wis.2d 503, 589 N.W.2d 415 (Ct. App. 1998)
For LaMontae: Terry Rose

Issue/Holding: A juvenile’s absconding from a residential treatment center forfeits his/her right to appeal the delinquency adjudication that placed him in the center. In other words, State v. Braun, 185 Wis. 2d 152, 516 N.W.2d 740 (1994), which applies an appeal-forfeiture rule to an adult absconder, extends fully to juvenile absconders.

A footnoted discussion concerning appellate counsel’s duty of pre-appeal discussion with the client should be of some interest.