23. Judge

State v. Keith M. Bohannon, 2013 WI App 87; case activity Substitution of judge; “new” judge under § 971.20(5) When a case is reassigned from the original judge to a second judge and then reassigned again back to the first judge, the first judge is the “original” judge assigned to the case under § 971.20(4), not a “new”… Read more

City of Appleton v. Kylie M. Johnson, 2012AP1922, District 3, 2/12/13; court of appeals decision (1-judge, ineligible for publication); case activity Jurisdiction of court – defects in truancy citation Defects in an habitual truancy citation did not prevent court from obtaining personal jurisdiction over Johnson before it entered default judgment. She did not appear at… Read more

Question presented Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant’s guilty plea, irrespective of whether the error prejudiced the defendant. Lower court opinion (United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (per… Read more

County of Shawano v. Justin R. Buntrock, 2012AP997, District 3, 11/14/12 court of appeals decision (1-judge, ineligible for publication); case activity A court lacks inherent authority to order an in-state defendant to appear personally at a forfeiture trial, and therefore may not default such a defendant who appears by counsel at trial. City of Sun Prairie… Read more

State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12 court of appeals decision (not recommended for publication); case activity Postconviction Proceedings – Right to Counsel  A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due… Read more

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman);  case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1   On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read more

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler);  case activity; companion decisions: 2012 WI 69, 2012 WI 43 Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser. ¶2   The highly unusual issue each justice is called upon to decide… Read more