State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: ¶35 The circuit court relied on statements Markwardt made one hour and eleven minutes into the interview for its ruling that she had properly asserted her right to remain silent. Her exact words were: “Then put me in jail. Just… Read more
Published 2007
State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: Markwardt’s in-custody statement was voluntary: any stress she was under was “unrelated to police conduct” (¶37); she didn’t unequivocally assert her rights (¶40); that the interrogator “was at times confrontational and raised his voice is not improper police procedure and does… 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. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶6 n. 4: We observe that Kliss, in his appellate brief, is inconsistent in his use of pinpoint citations for the case law he invokes to support his legal contentions. Wisconsin Stat. Rule 809.19(1)(e) requires the appellant to support its… Read more
Dane Co. DHS v. Dyanne M., 2007 WI App 129, PFR filed 4/23 For Dyanne M.: Phillip J. Brehm Issue/Holding: Reply brief failure to address argument raised in response brief may be deemed conceded for purposes of appeal, ¶23 n. 7, citing Hoffman v. Economy Preferred Ins. Co., 2000 WI App 22, ¶9, 232 Wis… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: Failure of a response brief to dispute a proposition in appellant’s brief may be taken as implicit concession of the proposition, ¶6 n. 3… Read more
State v. Patrick Jackson, 2007 WI App 145, PFR filed 6/6/07 For Jackson: Marcella De Peters Issue/Holding: Footnote 1: Patrick Jackson’s notice of appeal says that he is appealing the trial-court order denying his motion for postconviction relief. The notice of appeal does not also indicate that he is also appealing from the judgment of… Read more
State ex rel. Adrian T. Hipp v. Murray, 2007 WI App 202, (AG’s) PFR filed 8/16/07Pro se Issue/Holding: Review of a judge’s actions in a John Doe proceeding aren’t subject to direct appeal, but may be reviewed by writ of mandamus: ¶9 The parties agree that we review Judge Murray’s actions in connection with Hipp’s… Read more
