State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they… Read more
A. Right to appeal
State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read more
State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness “Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260… Read more
State v. Joshua P. O’Keefe, 2010AP2898-CR, District 4, 10/13/11 court of appeals decision (1-judge, not for publication); for O’Keefe: Steven D. Grunder, SPD, Madison Appellate; case activity ¶7 O’Keefe contends that the circuit court erred in admitting the testimony of Bannach and Wanta in which they read to the jury the “Diagnosis” portion of the medical… Read more
J. K. v. Mark Peters, 2011 WI App 149 (recommended for publication); case activity Appellate Procedure – “Waiver,” Distinguished from “Forfeiture” ¶1 n. 1: In using the term “waiver,” we are aware of the recently decided case of State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, where our supreme court clarified the distinction… Read more
Managed Health Services Insurance Corp. v. Wisconsin DHS, 2010AP2551, District 1, 9/7/11 court of appeals decision (recommended for publication ); case activity Managed Health’s appeal related to contract procurement is dismissed as moot; because of failure to seek a stay of the trial court’s order allowing the process to continue, the contracts have already been… Read more
Kenosha County DHS v. Amber D., 2011AP667, District 2, 9/7/11 court of appeals decision (1-judge, not for publication); for Amber D.: Philip J, Brehm; case activity Mother’s termination appeal, explicitly linking itself to outcome of father’s then-pending appeal, rendered moot by latter’s unsuccessful outcome: ¶1 Amber D. appeals from an order terminating her parental rights. At the… Read more
Harlan Richards v. Graham, 2011 WI App 100(recommended for publication); for Richards: Kendall W. Harrison, Jennifer L. Gregor; case activity Mootness Doctrine Challenge to Parole Commission decision to increase deferment period from 10 to 12 months, and to Program Review Committee decision to increase security status, not rendered moot by subsequent parole and program hearings… Read more
