On review of a court of appeals summary disposition; case activity Issue (composed by On Point) Did the circuit court’s violation of Harrison’s right to substitution under § 971.20 deprive the circuit court of jurisdiction over the case and render the judgment void, or can the violation be deemed to be harmless error? As the substitution statute makes clear… Read more
24. Jurisdiction, etc
State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion: Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson The DOC assured Greer his probation was over and issued a discharge certificate to that effect. In truth, his probation term hadn’t yet expired… Read more
State v. Cody Phillips, 2014 WI App 3; case activity This case reached the court of appeals via a petition for leave to appeal a non-final order. The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a… Read more
State v. Cindy Lou Hilsgen, 2013AP659-CR & 2013AP660-CR, District 3, 11/19/13; court of appeals decision (1-judge; ineligible for publication); case activity When Hilsgen moved here from Minnesota her driver’s license was revoked, and she never got a Wisconsin license. She was charged in two separate cases with operating without a valid license. Relying on § 343.05(6)… Read more
Review of published court of appeals decision; case activity Issues (composed by On Point): If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer? If the Department… 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
State v. Wyatt D. Henning, 2013 WI App 15; case activity The crime of attempted possession of a firearm by a felon is recognized in Wisconsin, distinguishing State v. Briggs, 218 Wis. 2d 61, 579 N.W.2d 783 (Ct. App. 1998): ¶14 Turning to the particular language of the felon in possession of a firearm statute, and… Read more
on review of unpublished decision; case activity Issue (composed by On Point) Whether the municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearing. Brefka filed a request for refusal hearing outside the 10-day time limit in § 343.305(9)(a)4. Does a court possess competence to extend that deadline? No dice, according to the court… Read more
