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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 – Content – “Vituperative Tone”
Mogged v. Mogged, 2000 WI App 39, 233 Wis. 2d 90, 607 N.W.2d 662 Issue/Holding: Brief adopting “vituperative tone” and making misleading, unsupported arguments violates Rules of Professional Conduct and is stricken. ¶¶21-24. (Note that the court cites 7th Circuit caselaw, ¶22, suggesting that decisions from that body are very pertinent.) Appellate briefs containing personal […]
CHIPS Appeal – Commenced by NOI
Juneau County DHS v. James B., 2000 WI App 86, 234 Wis. 2d 406, 610 N.W.2d 144 For Appellant: James L. Boardman; Chris R. Velnetske Issue: Whether the court of appeals acquires jurisdiction over a CHIPS appeal commenced by notice of appeal without prior notice of intent to pursue relief. Holding: ¶4: In CHIPS cases, […]
Appellate Procedure: Finality of Order – Refusal to Bind Over
State v. Romero D. Wilson, 2000 WI App 114, 235 Wis.2d 177, 612 N.W.2d 368 For Wilson: Steven P. Weiss, SPD, Madison Appellate Issue: Whether an order dismissing a complaint, on refusal to bind over at preliminary hearing, is final and therefore appealable by the state. Holding: An order dismissing a complaint is a final […]
Interlocutory Appeal – “Alford” Plea – Challenge to Trial Court’s Refusal to Accept
State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court erroneously refused to accept an “Alford” plea under its express policy of never accepting one. Holding: ¶8 Even if we were to determine that the trial court […]
Sentence Credit – Read-in
State v. Warrick D. Floyd, 2000 WI 14, 232 Wis. 2d 767, 606 N.W.2d 155, on certification For Floyd: David D. Leeper Issue: Whether a defendant is entitled to sentence credit under Wis. Stat. § 973.155(1) for time spent in custody on a charge that is dismissed and read-in at sentencing. Holding: Pre-trial confinement on a charge […]
Mootness
State ex rel. Larry E. Olson v. Litscher, 2000 WI App 61, 233 Wis. 2d 685, 608 N.W.2d 425 For Olson: Dennis Egre, SPD, Kenosha Issue: Whether this case is moot, where the challenge is to the authorities’ failure to parole a prisoner at his mandatory release date, but he was released during the pendency […]
Probation Modification – Necessity of Postconviction Motion
State v. Bernard G. Fearing, 2000 WI App 229, 239 Wis.2d 105, 619 N.W.2d 115 For Fearing: Patrick J. Stangl Issue: Whether a defendant must first raise a challenge to a condition of probation in a trial-level postconviction motion before seeking relief in the appellate court. Holding: Even if the rule that review of a sentence requires […]
Sentence After Revocation – Modification – Timeliness of Motion
State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95 For Scaccio: Jim D. Scott Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction. Holding/Analysis: The principle is readily stated — you can take a direct appeal of a […]
Sentence Credit – Consecutive Sentences
State v. Thomas W. Jackson, 233 Wis.2d 231, 607 N.W.2d 338 (Ct. App. 2000) For Jackson: Martha K. Askins, SPD, Madison Appellate Issue: Whether a defendant is entitled to sentence credit on each consecutive sentence. Holding: Credit is allotted only toward the first of consecutive sentences. While on probation in Fond du Lac, Jackson was […]
Waiver of Issue: Dismissal Motion – Ruling Reserved Until After Defense Case
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents […]
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