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43. Writs (Non-Habeas)

State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more

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Artillis Mitchell v. Chris S. Buesgen & Kevin A. Carr, 2022AP1076, 2/22/24, District 4 (recommended for publication); case activity This case concerns Mitchell’s appeal from the circuit court’s order dismissing his petition for a writ of certiorari. We recognize the case is a bit outside of our normal coverage, but in addition to the fact… Read more

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State of Wisconsin ex rel. Antonio S. Davis v. Circuit Court for Dane County and Honorable Ellen K. Berz, 2022AP1999-W, PFR granted 03/31/2023;  COA decision affirmed, 2024 WI 14, case activity (including briefs, petition for review, and state’s response) Davis was arrested and charged with two misdemeanors in Dane County. He applied for an attorney… Read more

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State v. Singh, 2021AP1111-CR, 8/18/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Singh challenges his 2005 conviction for OWI, first offense. He first asks for a writ of coram nobis vacating the conviction. Alternatively, he asks that his conviction be vacated or amended under State v. Forrett, 2022 WI 37, 401… Read more

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CoA affirms denial of writ of coram nobis

State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as … Read more

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State ex rel. Jamie A. Coogan v. Steven R. Michek, Sheriff, Iowa County, 2020 WI App 37; case activity (including briefs) A jail’s classification system can’t supersede a sentencing judge’s grant of Huber release. Jails are required to have a classification system, § 302.36, but that statute says precious little about what the system has… Read more

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State ex rel. Michael J. Vieth v. John Tate II, 2018AP1525, District 4, 2/13/20 (not recommended for publication); case activity (including briefs) Lawyers handling petitions for a writ of certiorari to review administrative decisions (or any other extraordinary writs, for that matter) should be aware of this decision. It holds that, under the electronic filing… Read more

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State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs) Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered. But not by Ott… Read more

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