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3. Notice of appeal /intent

State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs) Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed… Read More

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Village of Thiensville v. Conor B. Fisk, 2015AP576-FT, District 2, 8/26/15 (one-judge decision; ineligible for publication); case activity (including briefs) Sending the opposing party with a copy of a notice of appeal by email attachment satisfied § 800.14(1)‘s requirement that the appellant “giv[e] the municipal judge and other party written notice of appeal within 20 days… Read More

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State ex re. Lorenzo D. Kyles v. William Pollard, 2013 WI 38, reversing an unpublished court of appeals decision; case activity Settling a somewhat obscure but still important point of appellate procedure, the supreme court unanimously holds that when a defendant seeks to reinstate the deadline for filing a notice of intent to pursue postconviction relief under §… Read More

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Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity  This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to… Read More

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Review of an unpublished court of appeals decision that is not available online; case activity Issue:  Whether a client alleging ineffective assistance of counsel based on his trial lawyer’s unavailability or failure to respond to a request for an appeal during the 20-day period for filing a notice of intent to pursue postconviction must raise his claim via a… Read More

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City of West Allis v. Brandon J. Michaels, Appeal No. 2013AP710, District 1, 11/13/13; (one-judge decision, ineligible for publication); case activity Michaels tried to appeal a municipal court conviction for disorderly conduct to the circuit court, per Wis. Stat. § 800.14.  He consulted the clerk of court and followed all of the instructions he was given. … Read More

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Karen Baker v. Department of Health Services, 2012 WI App 72 (recommended for publication); case activity Service, by Mail – Generally  ¶3 n. 2: … In the absence of a statutory provision, the rule in Wisconsin is that service of notice by mail is not effective until the party receives it.  Hotel Hay Corp. v. Milner Hotels… Read More

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Appellate Jurisdiction – Final Order

Admiral Insurance Company v. Paper Converting Machine Co., 2012 WI 30; case activity ¶3   If we conclude that there is any ambiguity in an order or judgment about whether it disposes of the entire matter in litigation as to one or more of the parties, we will construe the ambiguity so as to preserve the right… Read More

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