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3. Notice of appeal /intent

Waukesha County v. Genevieve M., 2009 WI App 173

court of appeals decision; for Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Notice of Appeal Contents: Failure to Identify Appealable Document; Notice of Intent as Substitute  ¶2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine… Read more

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State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: ¶1 n. 1: Haywood’s notice of appeal mistakenly asserts that he also appeals “from … the postconviction motion dated December 2, 2008.”  First, Haywood’s appeal is from the circuit court’s order denying his motion, not from the motion.  Second, the… Read more

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Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: ¶ 2 n. 2: The failure of the notice of appeal to correctly identify the final appealable document is not fatal to appellate jurisdiction. See Carrington v. St. Paul Fire & Marine Ins. Co., 169 Wis… Read more

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Waukesha County v. Genevieve M., 2009 WI App 173 For Genevieve M.: Lora B. Cerone, SPD, Madison Appellate Issue/Holding: Although a ch. 54 guardianship appeal is decided by a 3-judge and ch. 55 protective placement by a 1-judge panel, when the 2 were commenced and decided under a single trial court case number, the appeal… Read more

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State v. Patrick Jackson, 2007 WI App 145, PFR filed 6/6/07 For Jackson: Marcella De Peters Issue/Holding: Footnote 1: Patrick Jackson’s notice of appeal says that he is appealing the trial-court order denying his motion for postconviction relief. The notice of appeal does not also indicate that he is also appealing from the judgment of… Read more

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Edmund Ingram v. Jones, 507 F. 3d 640 (Nos. 06-2766 & 06-2879, 11/14/07) Issue/Holding: If a prison has a “legal mailing system,” and the inmate isn’t obligated to pay postage for legal mail, then the notice of appeal may be deemed filed when deposited in the system even without prepaid postage. However, “if a prison does… Read more

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State ex rel. Luis Santana v. Endicott, 2006 WI App 13 Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992): ¶1       … Read more

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State v. Christine M. Quackenbush /  State v. Michael D. Lee, 2005 WI App 2 For Quackenbush: Tyler J. Tripp For Lee: Thomas F. Locante, SPD, La Crosse Trial For Amicus: Joseph N. Ehmann, SPD, Madison Appellate Issue1: Whether, in light of State v. Iran D. Evans, 2004 WI 84, the court of appeals retains any… Read more

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