State v. Carl Davis Brown, Jr., 2009 WI App 169 For Brown: Paul G. Bonneson For SPD: Colleen D. Ball, Milwaukee Appellate Issue/Holding: ¶7 The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public… Read more
A. Right to appeal
State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue/Holding: ¶14 As a preliminary matter, while the issue before the court is moot because Walker has completed his reconfinement term and thus our decision will not affect the underlying controversy, we may at times consider a… Read more
Portage Daily Register v. Columbia Co. Sh. Dept., 2008 WI App 30 Issue/Holding: ¶8 We will generally not consider issues that are moot on appeal. See Hernandez v. Allen, 2005 WI App 247, ¶10, 288 Wis. 2d 111, 707 N.W.2d 557. However, the present appeal is not moot because our ruling will have the practical… Read more
State v. Michael J. Parent, 2006 WI 132, on certification For Parent: William E. Schmaal, SPD, Madison Appellate Amicus: Meredith J. Ross & William E. Rosales Issue/Holding: ¶17 Article I, Section 21(1) of the Wisconsin Constitution and Wis. Stat. § 808.03(1) guarantee a person convicted of a crime in Wisconsin the right to appeal his or her conviction… Read more
State ex rel. Richard A. Ford (II) v. Holm, 2006 WI App 176, PFR filed 9/11/06; on appeal following remand in 2004 WI App 22 (“Ford I”) For Ford: James R. Troupis For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue/Holding: A client who has strategically foregone a potentially meritorious postconviction challenge is not entitled… Read more
State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order For Riesch: Christopher J. Cherella Issue/Holding: ¶11. Since granting the petition for review in this case, we have determined that the issue presented is moot as to Riesch. “An issue is moot when its resolution will have no practical effect on the underlying… Read more
State v. Michael S., 2005 WI 82, reversing unpublished decision For Michael S.: Susan Alesia, SPD, Madison Appellate Issue/Holding: ¶6 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. [3] A court may decide a moot issue when the issue is of great public importance; occurs frequently and a… Read more
State ex rel. Richard A. Ford v. Holm, 2004 WI App 22, PFR filed 3/1/04 For Ford: James R. Troupis, State Bar Pro Bono Project For Amicus (SPD): Marla Stephens, Director; Patricia K. Flood, First Asst.SPD Issue/Holding: ¶2 A person convicted in Wisconsin of committing a crime has a constitutionally guaranteed right to appeal his… Read more
