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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
Appellate Procedure – Standard of Review – Restitution (pre-2010 Caselaw)
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Appellate Procedure – Standard of Review – Supreme Court Rule (pre-2010 Caselaw)
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Appellate Procedure – Standard of Review – Search & Seizure (pre-2010 Caselaw)
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Appellate Procedure – Standard of Review – Sentencing (pre-2010 Caselaw)
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Appellate Procedure – Standard of Review – Speedy Trial (pre-2010 Caselaw)
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S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed
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.
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;
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