Village of DeForest v. Alexei Strelchenko, 2016AP1814, 2/16/17, District 4 (1-judge opinion, ineligible for publication); case activity Just how did Strelchenko misuse his drone? Unfortunately, we do not know. He proceeded pro se and neglected to include a copy of the trial transcript in the appellate record. It is the appellant’s job to ensure that… Read more
d. Missing transcripts
City of Milwaukee v. Jerry D. Butler, 2015AP1537, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity A pro se appellant’s failure to comply with briefing rules results in his appeal being dismissed as “defective.” (¶11). Butler appealed his municipal marijuana possession conviction, but his brief violated § 809.19 in ways “too numerous to mention” (¶10)—though… Read more
Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read more
State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts evidence was erroneously admitted; the… Read more
State v. James E. Grant, 2013AP1829-CR & 2013AP1830-CR, District 4, 9/4/14 (1-judge; ineligible for publication); case activity: 2013AP1829-CR; 2013AP1830-CR Two of the three arguments made in Grant’s appellate brief were sufficiently stated to survive the state’s motion to strike, but they are ultimately too undeveloped to address under State v. Pettit, 171 Wis. 2d 627… Read more
State v. Daniel T. Storm, 2013AP2212, District 2, 3/5/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Storm’s claim that the circuit court imposed a fine and costs without determining his ability to pay because Storm did not provide a complete record on appeal: ¶4 It would have been… Read more
State v. Joseph P. DeFilippo, 2005 WI App 213 For DeFilippo: Leonard D. Kachinsky Issue/Holding: To be valid, waiver of right to counsel in criminal trial proceeding must be supported by adequate record, ¶5 (citing State v. Klessig, 211 Wis. 2d 194, 203-04, 564 N.W.2d 716 (1997)). Where, as here, the record fails to make such a… Read more
State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: ¶19 … Further, Provo has not made the transcript of the plea hearing a part of the record. Consequently, we must assume that the transcript of that hearing supports the trial court’s finding that Provo’s plea was… Read more
