court of appeals decision Inadequate Appendix to Appellate Brief ¶5 n. 1: We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v. Fronimades, 2 Wis. 2d 89, 93-94, 86 N.W.2d… Read more
8. Counsel, 6th Am.
court of appeals decision GAL Interview of Ward outside Presence of Adversary Counsel ¶11 The policies underlying the no-contact rule are of sufficient importance in guardianship cases that the right to counsel guaranteed by Wis. Stat. § 54.42(1)(b) includes the ward’s right to have counsel present during an interview with the guardian ad litem for the… Read more
Waiver of Escalona argument; claim of self-defense where crime includes “utter disregard of life” element Click here for court of appeals decision, PFR filed 8/3/09 (opinion originally issued 4/23, withdrawn 5/12, reissued 5/21, withdrawn 6/12, reissued 7/2. Groundhog Day? Not quite: the withdrawn opinions found that trial counsel was ineffective for not seeking a lesser… Read more
Werner v. Hendry, 2009 WI App 103, PFR filed 7/17/09 Issue/Holding: ¶11 As a final matter, we observe that the appellant’s appendix fails to include the trial court’s reasoning. It is essential that the appendix include the record items truly relevant and essential to understanding the issues raised, particularly the trial court’s oral ruling. State… Read more
State v. Carl Davis Brown, Jr., 2009 WI App 169 For Brown: Paul G. Bonneson For SPD: Colleen D. Ball, Milwaukee Appellate Issue/Holding: ¶7 The statutes referenced in Wis. Stat. Rule 809.32(1)(a), relate to the appointment of counsel by the state public defender. Thus, pursuant to Rule 809.32(1)(a), an attorney appointed by the state public… Read more
Johnbull K. Osagiede v. USA, 543 F.3d 399 (7th Cir 2009) Issue/Holding: Counsel’s ignorance of rights available, under VCCR Art. 36, to her Nigerian national client was deficient: Osagiede’s claim is a common one in Sixth Amendment cases. In essence, Osagiede argues that his lawyer should have been aware of his legal rights under Article 36 and… Read more
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: Trial court refusal to allow Prineas to substitute one retained counsel for another absent “an extraordinary reason,” where substitution would necessitate continuance of the scheduled trial over objection of the complainant and her family, upheld… Read more
State v. Anthony L. Prineas, 2009 WI App 28, PFR filed 3/6/09 Prineas: Raymond M. Dall’osto, Kathryn A. Keppel Issue/Holding: ¶14 In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the U.S. Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require… Read more
