Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more
C. Briefs/Appendices
Donna J. Murr v. St. Croix County Board of Adjustment, 2008AP2728, District 3, 2/15/11 court of appeals decision (recommended for publication); case activity ¶18 n. 11: The Board’s response brief repeatedly refers to Murr as plaintiff. We remind counsel that references should be to names, not party designations. See Wis. Stat. Rule 809.19(1)(i). Surpassingly minor… Read more
Shirley Anderson v. Northwood School District, 2011 WI App 31; case activity ¶7 n. 3: Northwood cites a circuit court decision from another case as persuasive authority, correctly noting that such a citation does not violate WIS. STAT. RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009. However, Northwood then emphasizes we affirmed the… Read more
City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply ¶10 As a final matter, we address certain deficiencies in Sense’s appellate brief. First, Sense’s repeated references to “appellant” and “respondent” throughout her brief violate WIS. STAT. RULE 809.19(1)(i), which requires reference… Read more
Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11 court of appeals decision (1-judge, not for publication); pro se; case activity; Resp. Br. footnote 2: We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d). Record cites are… Read more
State v. Dekoria Marks, 2010 WI App 172 (recommended for publication); for Marks: Joel A. Mogren; Marks BiC; State Resp.; Reply Ineffective Assistance – Inconsistent Defenses Counsel’s choice to pursue potentially inconsistent defenses (self-defense; no involvement) was, in light of the “not uncommon practice of lawyers to argue inconsistent theories,” within the wide range of… Read more
State v. Michael E. Ballenger, 2010AP664-CR, District 3, 11/16/10 court of appeals decision (1-judge, not for publication); for Ballenger: Ryan D. Lister; Ballenger BiC; State’s Resp.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
Voluntariness – Statements to Probation Officer court of appeals decision (3-judge, not recommended for publication), supreme court review granted 11/14/12; for Sahs: Mark S. Rosen; BiC; Resp. Sahs’ claim that his statements to his probation officer were given under compulsion is rejected, because the premise for the claim – a DOC form cautioning that he… Read more
