Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
43. Writs (Non-Habeas)
Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br. after remand; Buchler Br. after remand Certiorari Review – Prison Discipline Evidence before disciplinary committee, in the form of statements of two confidential informants, adequately established (“more likely than not”) that Jackson participated in… Read more
State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10 court of appeals decision (1-judge, not for publication); pro se Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack mechanism. He argues that his plea wasn’t knowing, and that requiring a plea as a precondition to… Read more
Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se Mandamus – Generally ¶4 A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory… Read more
Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13 The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board, 2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision… Read more
court of appeals decision Appellate Standard of Review, Certiorari ¶9 When we review an application for a writ of certiorari, we review the agency’s decision, not the decision of the circuit court. Kraus v. City of Waukesha Police & Fire Comm’n, 2003 WI 51, ¶10, 261 Wis. 2d 485, 662 N.W.2d 294. The scope of certiorari review is limited… Read more
Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13 The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board,2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision solely… Read more
State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Writ of certiorari “misdirected” to wrong respondent (in this instance, review of inmate complaint, improperly naming as respondent institution warden rather than DOC Secretary or designee) must be dismissed: ¶10 We begin by observing that certiorari “is available only for… Read more
