On Point blog, page 11 of 11
Mootness
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,
Appeal – Right to, Forfeited by Flight
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.