Adam Martine v. Quentin J. Williams, 2011 WI App 68 (recommended for publication); case activity ¶13 Prior to last year, this court applied a general rule regarding court of appeals’ cases reversed by the supreme court that “holdings not specifically reversed on appeal retain precedential value.” Blum v. 1st Auto & Cas. Ins. Co., 2010 WI 78… Read more
K. Standards of Review
State v. Gabriel S., 2010AP2876, District 1, 4/19/11 court of appeals decision (1-judge, not for publication); for Gabriel S.: Jane S. Earle; case activity Decision to terminate parental rights upheld as proper exercise of discretion, against argument (as to grounds) that Gabriel S. wasn’t to blame for abuse that caused child to be removed from… Read more
State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11 court of appeals (1-judge, not for publication); pro se; case activity ¶6 The trial court determined that the complaint and the amended complaint were proper, stating, The complaint was duly sworn on oath. The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. §… Read more
Richardson v. Henderson, 2010AP1765, District 2, 3/9/11 court of appeals decision (1-judge, not for publication); case activity ¶7, n.4: Our supreme court has held that “when the supreme court overrules a court of appeals decision, the court of appeals decision no longer possesses any precedential value, unless this court expressly states otherwise.” Blum v. 1st… Read more
City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply ¶10 As a final matter, we address certain deficiencies in Sense’s appellate brief. First, Sense’s repeated references to “appellant” and “respondent” throughout her brief violate WIS. STAT. RULE 809.19(1)(i), which requires reference… Read more
State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply Confrontation – Generally The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26, citing Giles v… Read more
State v. Cham Okery Omot, 2010AP899, District III court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party to a crime, § 939.05. The… Read more
State v. Bradley A. Brandsma, 2010AP1429-CR , District 4, 12/23/10 court of appeals decision (1-judge, not for publication); for Brandsma: Anthony J. Jurek; case activity; Brandsma BiC; State Resp.; Reply Trial courts have “very broad discretion” under § 972.12 to allow a deliberating jury to separate overnight before returning to resume deliberations; court of appeals rejects… Read more
