State v. Scottie L. Baldwin, 2010 WI App 162 (recommended for publication); for Baldwin: Robert E. Haney; (principal briefs not posted on-line) The trial judge’s findings, though made prior to Giles v. California, 128 S.Ct. 2678 (2008), satisfied the test imposed by that case, that forfeiture of the right to confrontation requires intent to prevent the… Read more
3. Notice of appeal /intent
court of appeals decision Civil Notice of Appeal and Finality of Order All final judgments or final orders entered after September 1, 2007, must include a statement that it is a final judgment or final order for purposes of appeal, but it is not “an absolute rule” that “an appeal cannot be filed from a judgment… Read more
court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for… Read more
court of appeals decision; for Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Notice of Appeal Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute ¶2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine… Read more
State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: ¶1 n. 1: Haywood’s notice of appeal mistakenly asserts that he also appeals “from … the postconviction motion dated December 2, 2008.” First, Haywood’s appeal is from the circuit court’s order denying his motion, not from the motion. Second, the… Read more
Notice of Appeal – Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute
Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶ 2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine Ins. Co., 169 Wis… Read more
Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Although a ch. 54 guardianship appeal is decided by a 3-judge and ch. 55 protective placement by a 1-judge panel, when the 2 were commenced and decided under a single trial court case number, the appeal… Read more
State v. Patrick Jackson, 2007 WI App 145, PFR filed 6/6/07 For Jackson: Marcella De Peters Issue/Holding: Footnote 1: Patrick Jackson’s notice of appeal says that he is appealing the trial-court order denying his motion for postconviction relief. The notice of appeal does not also indicate that he is also appealing from the judgment of… Read more
