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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.
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Briefs – Citing Unnpublished Opinions
State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue/Holding: ¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows: Unpublished opinions not cited. An unpublished opinion is […]
Briefs – Content – “Overly Tendentious” Tone, Lack of Civility
U.S. Bank National v. City of Milwaukee, 2003 WI App 220 Issue/Holding: fn. 4: The brief submitted to us by the City of Milwaukee is overly tendentious and lacks the civility that lawyers owe to both their adversaries and to the courts. The following has no place in a brief before any court in this […]
Notice of Appeal – Deadline – Pro Se Prisoner “Mailbox Rule”
State ex rel. Dillard Earl Kelley, 2003 WI App 81 Issue/Holding: The prison mailbox rule of State ex rel. Nichols v. Litscher, 2001 WI 119 (petition for review filed after nominal deadline timely nonetheless if submitted before deadline to prison authorities for mailing by pro se prisoner) extended here to notice of appeal to dismissal […]
Sentence Credit — Stay of Sentence (During Period of Hospitalization), Effect of
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor, […]
John Doe Proceeding – Review of, by Supervisory Writ
State ex rel Unnamed Persons v. State, 2003 WI 30 For Unnamed Persons: Franklyn M. Gimbel, et al. Issue/Holding: ¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently […]
Postconviction Discovery
State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony. Holding: ¶32. A defendant has a right to postconviction discovery […]
Sanctions – Summary Reversal of Appeal
Raz v. Brown, 2003 WI 29 Issue/Holding: Because it is no different in effect from dismissal with prejudice, summary reversal is a “drastic sanction” triggering the test under State v. Smythe, 225 Wis. 2d 456, 592 N.W.2d 628 (1999) and § 809.83(2), and may not be imposed “without finding egregious conduct, bad faith, or a […]
Supreme Court Remand to Court of Appeals for Consideration of Issues not Raised in Supreme Court
State ex rel. Leslie Schatz v. McCaughtry, 2003 WI 80, reversing 2002 WI App 167, 256 Wis. 2d 770, 650 N.W.2d 67 For Schatz: T. Christopher Kelly Issue/Holding: Where the court of appeals granted relief on one issue without reaching others raised by the appellant and the supreme court reverses that grant of relief, the […]
Waiver of Argument: Failure to Raise Issue with Sufficient Prominence
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed […]
Restitution — Hearing — Evidence
State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶20. When the trial court has the authority to order restitution for a loss, the court’s decision to order restitution in a particular amount is committed to the trial court’s discretion. Holmgren, 229 Wis. 2d at […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.