State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
6. Waiver of appeal
court of appeals decision (1-judge, not for publication); for Aaron B.: Jeremy C. Perri, Hannah Blair Schieber, SPD, Milwaukee Appellate; case activity Guardianship – Placement Hearing – Personal Appearance Failure to object to ward’s inability to appear at guardianship placement hearing waived argument that court should not have held hearing in ward’s absence. ¶7 Wisconsin Stat. § 55.10(2) provides that… Read more
State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity Haseltine “Vouching” Rule The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which… Read more
Best Price Plumbing, Inc. v. Erie Insurance Exchange, 2012 WI 44; case activity ¶37 n. [11]: In State v. Ndina, 2009 WI 21, ¶29, 315 Wis. 2d 653, 761 N.W.2d 612, this court recognized that the terms “forfeiture” and “waiver” are often used interchangeably, but that the terms embody distinct legal concepts. Forfeiture is the failure to make the timely assertion of… Read more
Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12 court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point)… Read more
State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity ¶4 We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation. Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only… Read more
Heather T. C. v. Donald M. H., 2010AP467, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity Failure to object at trial waived appellate challenge to jury instructions and verdict form that combined two separate periods of abandonment as grounds for termination. ¶6 Failure to object to proposed jury instructions or… Read more
State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial judge sua sponte failing to… Read more
