On Point

court of appeals decision

Inadequate Appendix to Appellate Brief
¶5 n. 1:

 We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. Fronimades, 2 Wis. 2d 89, 93-94, 86 N.W.2d 25 (1957). Even more troubling is that both appellate counsel failed to include in the appendix all “the findings or opinion[s] of the circuit court … including oral or written rulings or decisions showing the circuit court’s reasoning regarding those issues,” as required by Wis.

court of appeals decision

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;

court of appeals decision

GAL Interview of Ward outside Presence of Adversary Counsel

¶11      The policies underlying the no-contact rule are of sufficient importance in guardianship cases that the right to counsel guaranteed by Wis. Stat. § 54.42(1)(b) includes the ward’s right to have counsel present during an interview with the guardian ad litem for the purpose of making a report to the court. A ward placed under a guardianship of the person has been found incompetent in that “the individual is unable effectively to receive and evaluate information or to make or communicate decisions to such an extent that the individual is unable to meet the essential requirements for his or her physical health and safety.” Wis. 

court of appeals decision; for Pickens: Eileen A. Hirsch, SPD, Madison Appellate

Reasonable Suspicion for Detention and “Collective Knowledge” Doctrine
Although, “under the collective knowledge doctrine, an investigating officer with knowledge of facts amounting to reasonable suspicion may direct a second officer without such knowledge to stop and detain a suspect,” the state must prove those underlying facts. “Proof is not supplied by the mere testimony of one officer that he relied on the unspecified knowledge of another officer,” ¶¶12-13.

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Civil Notice of Appeal and Finality of Order
All final judgments or final orders entered after September 1, 2007, must include a statement that it is a final judgment or final order for purposes of appeal, but it is not “an absolute rule” that “an appeal cannot be filed from a judgment or order that disposes of the entire matter in litigation but does not include the statement that it is final for purposes of appeal,” ¶3.

court of appeals decision, review granted 3/16/10; for Forbush: Craig A. Mastantuono, Rebecca M. Coffee

Post-Charge Assertion of Right to Counsel during Interrogation
The mere fact that an attorney represents a defendant formally charged with a crime doesn’t bar the police from questioning the defendant; State v. Todd Dagnall, 2000 WI 82 (“Dagnall was not required to invoke the right to counsel in this case because he had been formally charged with a crime and counsel had been retained to represent him on that charge,” ¶4),

court of appeals decision; for Conaway: Philip J. Brehm; for Griffin: Michael S. Murphy

Reasonable Suspicion for Traffic Stop, Excessive Window Tint, Generally

¶3    The window tint regulation at issue here is easily summarized. Rear window tinting is permitted only if the window allows at least 35% of light to pass through, except that the limitation does not apply to tinting done during the original manufacture of a vehicle. 

court of appeals decision; for Haywood: Robert E. Haney

Battery to Peace Officer, § 940.20(2), Elements
It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for what he or she does to be done in the officer’s ‘official capacity.’

court of appeals decision; for Genevieve M.: Lora B. Cerone, SPD, Madison Appellate

Notice of Appeal Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute 
¶2 n. 2:

The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire &

court of appeals decision; for Brown: Paul Bonneson; for SPD: Colleen D. Ball, Milwaukee Appellate

No-Merit Report – Counsel Appointed by Circuit Court Rather Than SPD
Issue/Holding:

¶7        The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public defender may file a no-merit report using the statutory scheme set out in Rule 809.32.