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Karen Baker v. Department of Health Services, 2012 WI App 72 (recommended for publication); case activity Service, by Mail – Generally  ¶3 n. 2: … In the absence of a statutory provision, the rule in Wisconsin is that service of notice by mail is not effective until the party receives it.  Hotel Hay Corp. v. Milner Hotels… Read more

State v. Matthew O. Roach, 2011AP2105-CR, District 4, 5/17/12 court of appeals decision (1-judge, not for publication); for Roach: Brandon Kuhl; case activity Mootness Doctrine – Generally  ¶8 n. 2: The State also contends that this issue is moot because the condition of probation Roach challenges expired on January 19, 2012.  An issue is moot when its resolution… Read more

State v. Shannon J. Perronne, 2011AP1731-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Perrone: Casey J. Hoff; case activity When the principal State’s witness failed to appear at a suppression hearing, the trial court ordered suppression and dismissed the charge. The State then refiled the complaint and the trial court… Read more

court of appeals decision (1-judge, not for publication); for Aaron B.: Jeremy C. Perri, Hannah Blair Schieber, SPD, Milwaukee Appellate; case activity Guardianship – Placement Hearing – Personal Appearance  Failure to object to ward’s inability to appear at guardianship placement hearing waived argument that court should not have held hearing in ward’s absence. ¶7        Wisconsin Stat. § 55.10(2) provides that… Read more

State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer. General Principles. ¶5        A defendant may collaterally attack a prior… Read more

Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10      We disagree that counsel’s performance… Read more

State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12 court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity Counsel’s failure to impeach police officers, with their own reported statements, was deficient: ¶17      While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if… Read more