State v. Derryle S. McDowell, 2003 WI App 168, PFR granted, affirmed, 2004 WI 70
For McDowell: Christopher J. Cherella
Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL
Issue/Holding: ¶9 n.4:
We remind counsel and the court of our concerns about off-the-record discussions. See Coston v. Joseph P., 222 Wis. 2d 1, 7 n.5, 586 N.W.2d 52 (Ct. App. 1998) (“Here, as in all too many cases, the record is seriously deficient and a circuit court’s off-the-record informality has undermined the process of appellate review. While we recognize the many temptations to indulge in off-the-record proceedings, we again urge resistance to temptation.”).(See also ¶16 n. 8, to same effect. Note, too, that a ruling arising from an unrecorded proceeding is presumptively correct. ¶29.)
