On Point blog, page 45 of 51
Appellate Procedure – Standard of Review – Supreme Court Rule (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Search & Seizure (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Sentencing (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Speedy Trial (pre-2010 Caselaw)
Go: here.
Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14
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;
Appellate procedure – Harmless Error: Public Trial – Violation as Structural Error
State v. Dhosi J. Ndina, 2009 WI 21, affirming 2007 WI App 268
For Ndina: Richard L. Kaiser
Issue/Holding:
¶43 If a defendant’s right to a public trial is determined to have been violated, the defendant need not show prejudice; the doctrine of harmless error does not apply to structural errors. [15]
[15] See Neder v.
Deferred Prosecution Agreement – Standard of Review
State v. Chase E. Kaczmarski, 2009 WI App 117
For Kaczmarski: Harold L. Harlowe, David M. Gorwitz
Issue/Holding:
¶10 Both the State and Kaczmarski agree that the deferred prosecution agreement is analogous to a contract and therefore we draw upon principles of contract law in determining the respective rights of the parties to the agreement. See State v. Roou, 2007 WI App 193,