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Briefs – Factual Recitation – Need for Completeness, Accuracy

State v. Ellen T. Straehler, 2008 WI App 14
For Straehler: Daniel P. Fay
Issue/Holding: ¶2 n. 4:

We appreciate the attorney general’s thorough recitation of the facts and draw freely from it. Both the district attorney and the attorney general submitted response briefs and we refer to their position collectively as the State’s. Straehler’s recitation of facts is incomplete, lacks citation to the record and cites to documents outside of the record. Such failure is a clear violation of Wis. Stat. Rule 809.19(1)(d) of the rules of appellate procedure, which requires the appellant to set out facts “relevant to the issues presented for review, with appropriate references to the record.” An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Weiland v. Paulin, 2002 WI App 311, ¶11, 259 Wis. 2d 139, 655 N.W.2d 204, reversed on other grounds, 2003 WI 27, 260 Wis. 2d 277, 659 N.W.2d 204. This court is not required to sift through the record for facts. Keplin v. Hardware Mut. Cas. Co., 24 Wis. 2d 319, 324, 129 N.W.2d 321 (1964).

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