State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: Failure of a response brief to dispute a proposition in appellant’s brief may be taken as implicit concession of the proposition, ¶6 n. 3… Read more
4. Argument
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd Issue/Holding: ¶21 … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has… Read more
City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06 For Nytsch: Chad A. Lanning Issue/Holding: ¶18 n. 6: …This court is not so naïve as to believe that unpublished opinions, whether one-judge opinions, per curiam opinions or authored opinions sit in a file serving as dinner for book lice. [A tiny… Read more
State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: ¶8 n. 2: We observe that Draughon did not object to the jury instruction when provided the opportunity by the circuit court. Draughon nonetheless raises his objection here under color of his ineffective assistance of counsel… Read more
State v. Wallace I. Stenzel, 2004 WI App 181For Stenzel: Martin E. Kohler Issue/Holding: Citation to an unpublished 7th Circuit case is proper, ¶18 n. 6: Wisconsin Stat. Rule 809.23(3) does not prohibit us from citing unpublished opinions from other jurisdictions. Predick v. O’Connor, 2003 WI App 46, ¶12 n.7, 260 Wis. 2d 323, 660… Read more
State ex rel Kim J. Barksdale v. Litscher, 2004 WI App 130 Issue/Holding: ¶12. Accordingly, we agree with the trial court that the only reasonable reading of Wis. Stat. § 802.06, as applied to certiorari proceedings, is that a party who has unsuccessfully moved to dismiss on other grounds may still seek dismissal grounded on claim… Read more
State v. John Norman, 2003 WI 72, affirming unpublished decision of court of appeals For Norman: Angela Kachelski Issue/Holding: Norman’s failure on appeal to develop an argument analytically necessary to the issue he raises waives his right to have that issue reviewed. ¶64… Read more
Predick v. O’Connor, 2003 WI App 46 Issue/Holding: ¶12 n. 7: We note that in this opinion we do cite to two unpublished opinions from other states. Wisconsin Stat. § 809.23(3) does not prohibit us from doing so. In Brandt v. LIRC, 160 Wis. 2d 353, 466 N.W.2d 673 (Ct. App. 1991), aff’d, 166 Wis… Read more
