State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read more
J. Sanctions on Appeal
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 RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009.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City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply ¶10 As a final matter, we address certain deficiencies in Sense’s appellate brief.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Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11 court of appeals decision (1-judge, not for publication); pro se; case activity; Resp.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State v. Michael E. Ballenger, 2010AP664-CR, District 3, 11/16/10 court of appeals decision (1-judge, not for publication); for Ballenger: Ryan D. Lister; Ballenger BiC; State’s Resp.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
State v. Richard Martin Kubat, 2010AP509-CR, District 3, 9/21/10 court of appeals decision (1-judge, not for publication); for Kubat: Marc Grant Kurzman; BiC; Resp. Battery – Self-Defense – Sufficiency of Evidence A verbal confrontation between truckers at a truck stop eventuated in Belcher disabling Kubat’s truck and inviting Kubat to get his punk ass out… Read more
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and… Read more
