State v. Jeremiah R. Connour, 2011AP1489-CR, District 3, 7/31/12 court of appeals decision (not recommended for publication); case activity ¶3 n. 2: Connour’s thirty-eight-page statement of the case includes primarily verbatim Q & A trial testimony, but nonetheless omits relevant evidence necessary to address his postconviction claims. Most of the remainder of Connour’s recitation of the “facts” inappropriately… Read more
4. Argument
State v. Michael E. Ballenger, 2010AP664-CR, District 3, 11/16/10 court of appeals decision (1-judge, not for publication); for Ballenger: Ryan D. Lister; Ballenger BiC; State’s Resp. Appellate Procedure – Sanction Ballenger’s brief’s appendix does not include any portion of the suppression motion hearing transcript—neither deputy Campbell’s testimony nor the court’s factual findings or reasoning for… Read more
State v. Timothy Charles Bauer, 2010 WI App 93; for Bauer: Catherine M. Canright; BiC; Resp.; Reply Search-Incident – Automobile By failing to address Bauer’s Arizona v. Gant argument, instead relying solely on State v. Fry, 131 Wis. 2d 153, 174, 388 N.W.2d 565 (1986), the States’ argument compels the court to reverse the suppression order… Read more
State v. James D. Miller, 2009 WI App 111, PFR filed 8/3/09 Pro se Issue/Holding: State failure to argue, in the trial court, that Miller’s 974.06 motion was barred under Escalona-Naranjo waived the argument on appeal: ¶25 We conclude that application of the waiver rule is appropriate here, and therefore decline to address the State’s… Read more
Bettendorf v. St. Croix County, 2008 WI App 97 Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction: ¶17 “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers… Read more
State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶6 n. 4: We observe that Kliss, in his appellate brief, is inconsistent in his use of pinpoint citations for the case law he invokes to support his legal contentions. Wisconsin Stat. Rule 809.19(1)(e) requires the appellant to support its… Read more
State v. Gary A. Johnson, 2007 WI 32, affirming 2006 WI App 15For Johnson: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: ¶14 … The State concedes before this court, as it did in the court of appeals, that Johnson did not freely consent to the search of his vehicle. [4] … [4] The dissent faults… Read more
Dane Co. DHS v. Dyanne M., 2007 WI App 129, PFR filed 4/23 For Dyanne M.: Phillip J. Brehm Issue/Holding: Reply brief failure to address argument raised in response brief may be deemed conceded for purposes of appeal, ¶23 n. 7, citing Hoffman v. Economy Preferred Ins. Co., 2000 WI App 22, ¶9, 232 Wis… Read more
