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d. Missing transcripts

State v. Scott L. Nutting, 2017AP2049, 10/2/19, District 2, (not recommended for publication); case activity (including briefs) At Nutting’s trial for sexual assault of a child, the State played parts of an audio recording of his custodial interview, but court and counsel neglected to make a record of them. Some would have been highly prejudicial… Read More

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State v. Robert James Pope, Jr., 2017AP1720-CR, petition for review granted 4/9/19; case activity (including briefs) Issues: Where no transcripts of a jury trial occurring over 20 years ago are available in a direct appeal and appellate counsel is new to the case, does application of  State v. Perry’s requirement that appellant assert a “facially… Read More

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State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs) McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims… Read More

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State v. Robert James Pope, Jr., 2017AP1720-CR, 11/13/18, District 1 (not recommended for publication), petition for review granted 4/9/19; case activity (including briefs) Here’s good one for SCOW. A jury convicted Pope of 2 counts of 1st degree homicide in 1996. His lawyer forgot to file a notice of intent. Twenty years later, the State stipulated… Read More

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Lafayette County v. Ian D. Humphrey, 2016AP966, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) Humphrey wants appellate review of the forfeiture judgment entered against him for operating a vehicle while suspended. He doesn’t get it. Humphrey previously sought a waiver of fees for the production of transcripts, but that… Read More

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Village of DeForest v. Alexei Strelchenko, 2016AP1814, 2/16/17, District 4 (1-judge opinion, ineligible for publication); case activity Just how did Strelchenko misuse his drone? Unfortunately, we do not know. He proceeded pro se and neglected to include a copy of the trial transcript in the appellate record. It is the appellant’s job to ensure that… Read More

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City of Milwaukee v. Jerry D. Butler, 2015AP1537, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity A pro se appellant’s failure to comply with briefing rules results in his appeal being dismissed as “defective.” (¶11). Butler appealed his municipal marijuana possession conviction, but his brief violated § 809.19 in ways “too numerous to mention” (¶10)—though… Read More

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Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read More

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