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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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Mootness – Reconfinement Proceeding

State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue/Holding: ¶14      As a preliminary matter, while the issue before the court is moot because Walker has completed his reconfinement term and thus our decision will not affect the underlying controversy, we may at times consider a… Read More

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State ex rel. Adrian T. Hipp v. Murray, 2007 WI App 202, (AG’s) PFR filed 8/16/07Pro se Issue/Holding: Review of a judge’s actions in a John Doe proceeding aren’t subject to direct appeal, but may be reviewed by writ of mandamus: ¶9 The parties agree that we review Judge Murray’s actions in connection with Hipp’s… Read More

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Racine Harley-Davidson, Inc. v. State of Wisconsin Division of Hearings and Appeals, 2006 WI 86 Issue/Holding: ¶14      By granting deference to agency interpretations, the court has not abdicated, and should not abdicate, its authority and responsibility to interpret statutes and decide questions of law. Some cases, however, mistakenly fail to state, before launching into a… Read More

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TPR – State’s Appeal, by GAL

State v. Lamont D., 2005 WI App 264 Issue/Holding: ¶1 n. 4: Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention.  WISCONSIN STAT. § 48.235(7)… Read More

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Writs – Prohibition – John Doe Proceeding

State ex rel. Individual v. Davis, 2005 WI 70, on certification Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15      A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6] As a remedy, writs of prohibition are often used in… Read More

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State v. Christopher Swiams, 2004 WI App 217 For Swiams: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶4 The question presented by this appeal is whether persons sentenced to a bifurcated term of imprisonment whose extended supervision is revoked may seek relief under WIS. STAT. RULE 809.30 from the trial court’s reconfinement order. We hold… Read More

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State ex rel Unnamed Persons v. State, 2003 WI 30 For Unnamed Persons: Franklyn M. Gimbel, et al. Issue/Holding: ¶48. On balance, we conclude that Wisconsin Constitution, Article VII, Section 5(3), read together with the language in Wis. Stat. § 808.03(2) and in Wis. Stat. § (Rule) 809.51(1) including “other person or body,” is sufficiently… Read More

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