State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶7 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. This court has held that it may decide an otherwise moot issue if it: (1) is of great public importance… Read more
A. Right to appeal
State v. Lindsey A.F., 2003 WI 63, affirming 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116 For Lindsey A.F.: Eileen Hirsch, SPD, Madison Appellate Issue/Holding: ¶7 n. 5: As a general rule, this court will not consider an issue which will not have any practical effect upon an existing controversy. State v… Read more
State v. Stephen T., 2002 WI App 2 For Stephen T.: Raymond M. Dall’Osto Issue: Whether appeal of a juvenile delinquency adjudication is rendered moot by expiration of its dispositional order. Holding: No, at least in this instance: certain facets of the order (DNA sample; sex offender registration) survive, and appellate review will therefore have… 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: Given circuit court findings “that Ford affirmatively elected not to pursue any issue that… Read more
State ex rel. Larry E. Olson v. Litscher, 2000 WI App 61, 233 Wis. 2d 685, 608 N.W.2d 425 For Olson: Dennis Egre, SPD, Kenosha Issue: Whether this case is moot, where the challenge is to the authorities’ failure to parole a prisoner at his mandatory release date, but he was released during the pendency… Read more
State v. LaMontae D.M., 223 Wis.2d 503, 589 N.W.2d 415 (Ct. App. 1998) For LaMontae: Terry Rose Issue/Holding: A juvenile’s absconding from a residential treatment center forfeits his/her right to appeal the delinquency adjudication that placed him in the center. In other words, State v. Braun, 185 Wis. 2d 152, 516 N.W.2d 740 (1994), which… Read more