Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14 By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read more
B. Commencing the appeal
State v. Shawn D. Schulpius, 2006 WI 1, affirming, 2004 WI App 39 For Schulpius: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: An order granting the State’s motion to reconsider an SVP’s supervised release was final and appealable: ¶26 We disagree with Schulpius’s characterization of the November 2000 order. Even though the circuit court did not… Read more
State ex rel. Luis Santana v. Endicott, 2006 WI App 13 Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992): ¶1 … Read more
State v. Christine M. Quackenbush / State v. Michael D. Lee, 2005 WI App 2 For Quackenbush: Tyler J. Tripp For Lee: Thomas F. Locante, SPD, La Crosse Trial For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue1: Whether, in light of State v. Iran D. Evans, 2004 WI 84, the court of appeals retains any… Read more
State v. Keith E. Williams, 2005 WI App 122 For Williams: Christopher William Rose Issue/Holding: The court of appeals has authority to extend the defendant’s deadline for filing cross-appeal to State’s appeal of postconviction grant of new trial: ¶4 However, as the State points out, the jurisdiction of the circuit court was initially invoked by… Read more
State v. Bobby R. Williams, 2005 WI App 221 For Williams: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether a postconviction motion granting plea-withdrawal is final, so as to trigger the 45-day deadline in § 974.05(1)(a) for State’s appeal. Holding: ¶15 Wisconsin Stat. § 808.03 sets forth appeals as of right and appeals by… Read more
State v. Lamont D., 2005 WI App 264 Issue/Holding: ¶1 n. 4: Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention. WISCONSIN STAT. § 48.235(7)… Read more
State ex rel. Individual v. Davis, 2005 WI 70, on certification Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15 A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6] As a remedy, writs of prohibition are often used in… Read more
