State v. Daniel K. Rogers, 2012AP186-CR, District 4, 4/17/14; (1-judge opinion, ineligible for publication); case activity The defendant, having been charged with sexual assault and released on bond, allegedly choked his victim to make her to lie on his behalf at trial. The circuit court admitted this as § 904.04(2) “other acts” evidence at the sexual assault… Read more
2. Adminstrative decisions
Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14 By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read more
State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order For Riesch: Christopher J. Cherella Issue/Holding: ¶13. Certiorari review for parole revocation is limited to four questions: “(1) whether the agency stayed within its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive or unreasonable, representing its will… Read more
WCCD v. DNR, 2004 WI 40, affirming 2003 WI App 76, 263 Wis. 2d 370, 661 N.W.2d 858 Issue/Holding: ¶5. The central issue in this case is the validity of § NR 10.01(1)(h).5 A court may declare an administrative rule invalid “if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or was… Read more
State ex rel. Peter D. Griffin v. Smith / State ex rel. Micah E. Glenn v. Litscher, 2004 WI 36, on certification For Griffin and Glenn: Nathaniel Cade, Jr., State Bar Pro Bono Project Issue/Holding: A new rule of equitable tolling for untimely certiorari petitions seeking review of revocation decisions is subject to the retroactivity analysis adopted by State… Read more
State ex rel Kim J. Barksdale v. Litscher, 2004 WI App 130 Issue/Holding: ¶7. Generally, on an appeal of the circuit court’s order granting or denying relief in a certiorari action, we review the underlying decision of the administrative agency, not that of the circuit court. See State ex rel. Sprewell v. McCaughtry, 226 Wis. 2d 389, 393… Read more
State ex rel. David C. Myers v. Swenson, 2004 WI App 224, PFR filed 11/24/04 For Myers: Christopher T. Sundberg; Bruce D. Huibregtse Issue/Holding: ¶6. A motion to quash a writ of certiorari is akin to a motion to dismiss. Fee v. Board of Review, 2003 WI App 17, ¶7, 259 Wis. 2d 868, 657 N.W.2d 112… Read more
State ex rel. Raymond Booker v. Schwarz, 2004 WI App 50 For Booker: John Pray, Legal Assistance Program, UW Law School Issue/Holding: ¶10 We review the decision of the agency, not that of the circuit court. State ex rel. Warren v. Schwarz, 211 Wis. 2d 710, 717, 566 N.W.2d 173 (Ct. App. 1997), aff’d, 219 Wis. 2d 615… Read more
