court of appeals decision (1-judge; ineligible for publication) Sanctions – Defendant’s Failure to Appear – Default Judgment Court not empowered to enter default judgment in civil claim where defendant appears by counsel but not in person; odd discussion of “puerile” “tactic of some traffic defense lawyers to make the government prove identity without the defendant… Read more
G. Sanctions
Failure to Object/Seek Admissibility; Guilty Pleas/Plea Bargains; Jury Instructions; Jury Selection; Sentencing; Prejudice; Litigating IAC Claims; IAC and Interest of Justice; Sanctions; Malpractice Claim… Read more
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
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
Bettendorf v. St. Croix County, 2008 WI App 97 Issue/Holding: An appellate “brief contain(ing) a collection of attacks against [opposing counsel] that are nothing more than unfounded, mean-spirited slurs” subjects its author to ethical sanction: ¶17 “A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers… Read more
State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 Issue/Holding: ¶23 Applying the plain language of the rule, Gorokhovsky’s certification of compliance is false. His appendix contains only a copy of the judgment of conviction, the notice of motion and motion to suppress, and the notice of intent to pursue postconviction relief… Read more
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd Issue/Holding: ¶21 … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has… Read more
State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue/Holding: ¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows: Unpublished opinions not cited. An unpublished opinion is… Read more
