Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read more
24. Jurisdiction, etc
State v. Robert M. Schmitt, 2012 WI App 121 (recommended for publication); case activity Although “the summons, complaint and the supporting affidavit must each be authenticated as a condition of personal jurisdiction when commencing a forfeiture action,” ¶1, an authentication defect attributable to a clerk’s error is merely technical and doesn’t impair jurisdiction. ¶4 In Schmitt’s case, the… Read more
Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12 court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of… Read more
State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12 court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of… Read more
MaryBeth Lipp v. Outagamie County Dept. of Health and Human Services, 2011AP152, District 3, 6/5/12 court of appeals decision (not recommended for publication); case activity Failure to decide a guardianship petition within the statutorily mandated 90 days of filing (§ 54.44(1)) caused the trial court to lose competency to proceed. Lack of objection didn’t waive… Read more
Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11 court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity ¶9 Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours… Read more
State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11 court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity ¶17 Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did… Read more
Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11 court of appeals decision (1-judge, not for publication); for Shelly J.: Amy J. Lamerand Zott; case activity Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances”… Read more
