On Point: 24. Jurisdiction, etc

Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity

DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation 

As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had expired.

State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity

Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1,  an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction.

¶4        In Schmitt’s case, the first page of the summons and the first page of the complaint were each authenticated,

Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12

court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity

The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of Butler v.

State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12

court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity

The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of the subsequent denial:

¶19      We conclude we have jurisdiction over the plea withdrawal court’s May 2,

MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12

court of appeals decision (not recommended for publication); case activity

Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive the issue, ¶¶11-12, citing Village of Trempealeau v. Mikrut,

Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11

court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity

¶9        Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays, and legal holidays” without a hearing.  

State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11

court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity

¶17      Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did not have competence to enter 
the January 31,

Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11

court of appeals decision (1-judge, not for publication); for Shelly J.:  Amy J. Lamerand Zott; case activity

Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances” under subs. (h). As to her claim that the judgment was void under subs.

County of Milwaukee v. James R. Matel, 2010AP1950, District 1, 5/24/11

court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity

Personal jurisdiction may be conferred on an OWI-1st defendant by mailing the uniform traffic citation, coupled with filing of the citation with the trial court. Personal service isn’t required by § 345.11(5). State ex rel. Prentice v. Milwaukee Cnty.,

Village of Menomonee Falls v. Jesse Schaefer, 2010AP2485, District 2, 5/18/11

court of appeals decision (1-judge, not for publication); for Schaefer: James A. Gramling, Jr.; case activity

¶4        As a threshold matter, we address the Village’s contention that the municipal court lacked competency to proceed on Schaefer’s Wis. Stat. § 806.07 motion to reopen.  Whether a court has lost competence to proceed presents a question of law that we review de novo.