≡ Menu

A. Right to appeal

Mootness

State v. William L. Morford, 2004 WI 5, on review of unpublished decision For Morford: Lynn E. Hackbarth Issue/Holding: ¶7 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances.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

{ 0 comments }

Mootness — General

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

{ 0 comments }

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

{ 0 comments }

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

{ 0 comments }

Mootness

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

{ 0 comments }

Appeal – Right to, Forfeited by Flight

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

{ 0 comments }
RSS