On Point honors the memory of Judge Evans with tributes from local admirers. At the same time, we are mindful that his graceful, inimitable writings are his greatest legacy, as can quickly be seen from this short sample. Additional tributes will be posted as they come in. This post will be kept at the top of the site… Read more
Search: summary judgment
Dane Co. DHS v. Porfirio O. / Minerva L., 2011AP1247 et al., District 4, 8/11/11 court of appeals decision (not recommended for publication); for Porfirio O.: Dennis Schertz; for Minvera L.: Steven Zaleski; case activity (Porfirio); case activity (Minerva) The parents did not meet their burden of showing factual dispute as to whether their incarceration… Read more
on petition for review of published decision; case activity Issues (provided by court): Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court? Did the undisputed facts on the record establish that if judicial estoppel had not… Read more
State v. Marquita R., 2010AP1981, District 1, 12/14/10 court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir TPR – Default as Sanction Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct… Read more
State v. Jesenia R., 2009AP2906, District 1, 8/24/10 court of appeals decision (1-judge, not for publication); for Jesenia R.: Mary D. Scholle, SPD, Milwaukee Appellate No prejudice resulted from counsel’s failure to object to violation of the change-of-placement notice requirement in § 48.357. ¶¶15-16. The background is a bit fact-intensive. Roughly: The child (Elizabeth) had… Read more
Questions Presented: May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial? SCOTUS docket: here. Scotusblog, briefs: here. This have anything to do with SPD-related practice? Not really, strictly speaking. But, isn’t the problem at least somewhat reminiscent… Read more
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals. Issue/Holding: ¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental… Read more
State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding1: ¶15 Here, too, we examine the statute providing for the crime, Wis. Stat. § 948.22(2), to determine the elements of the crime of failure to pay child support, and we focus on… Read more
