County of Milwaukee v. James R. Matel, 2010AP1950, District 1, 5/24/11 court of appeals decision (1-judge, not for publication); for Matel: Andrew Mishlove; case activity Personal jurisdiction may be conferred on an OWI-1st defendant by mailing the uniform traffic citation, coupled with filing of the citation with the trial court. Personal service isn’t required by… Read more
24. Jurisdiction, etc
Village of Menomonee Falls v. Jesse Schaefer, 2010AP2485, District 2, 5/18/11 court of appeals decision (1-judge, not for publication); for Schaefer: James A. Gramling, Jr.; case activity ¶4 As a threshold matter, we address the Village’s contention that the municipal court lacked competency to proceed on Schaefer’s Wis. Stat. § 806.07 motion to reopen. Whether a court… Read more
Dustardy H. v. Bethany H., 2011 WI App 2; case activity ¶1 This case emphasizes once again the importance of finality in our justice system. In 2004, the circuit court erroneously granted Dustardy H. parental rights to Christian R. H., a child conceived via artificial insemination by Dustardy’s same-sex partner, Bethany H.[1] Four… Read more
Jefferson County v. Joseph S., 2010 WI App 160 (recommended for publication); for Joseph S.: Margaret A. Maroney, SPD, Madison Appellate Failure of trial court to warn guardianship respondent of possibility of removal from courtroom for disruptive behavior prior to ordering his removal deprived court of competency to proceed. ¶5 A determination that a person “is… Read more
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply Manipulation of Adult Jurisdiction over Juvenile Offense When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to… Read more
State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”… Read more
Village of West Salem v. Low, 2009AP2654, Dist IV, 3/25/2010 court of appeal decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br. Challenge to OWI-1st in municipal court fails for want of jurisdiction, where judgment had been entered in circuit court because at the time no local municipal court existed. An obscure problem, to… Read more
court of appeals decision (1-judge; ineligible for publication) TPR – Uniform Child Custody Jurisdiction and Enforcement Act “Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state. It… Read more
