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G. Petitions for Review

Maya Elaine Smith v. Jeff Anderson, 2017 WI 43, dismissing a petition for review of 366 Wis. 2d 808, 874 N.W.2d 347 (Ct. App. 2016)(unpublished); case activity (including briefs) Recently, SCOW has marched ahead and decided issues that the parties did not properly preserve or brief–to the detriment of indigent defendants.  Recall what happened a… Read More

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State v. Jeffrey C. Denny, 2017 WI 17, reversing a published court of appeals decision; 2015AP202-CR, 2/28/2017; case activity (including briefs) In State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, the supreme court unanimously held that Wis. Stat. § 974.07, the postconviction DNA testing statute, provides two routes for a convicted… Read More

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On December 22, 2016, SCOW issued Regency West Apartments LLC v. City of Racine, 2016 WI 99 concerning a tax appeal. Justice Abrahamson filed a dissent which, among other things, sought to inform litigants and lawyers about a procedure the justices us when deciding petitions for review by email. This is what she wrote: ¶124… Read More

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State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the State to dismiss and “read in” two other counts for purposes of sentencing and restitution. But after… Read More

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State v. Brandon H. Bentdahl, 2013 WI 106, reversing an unpublished court of appeals decision; opinion for a unanimous court by Justice Crooks; case activity In State v. Brooks, 113 Wis. 2d 347, 348-49, 335 N.W.2d 354 (1983), the supreme court held that a circuit court has discretionary authority to dismiss a refusal charge under… Read More

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State ex rel Norman O. Brown v. Bradley, 2003 WI 14, on original petition for writ of habeas corpus For Brown: Greg J. Carman Issue/Holding: ¶1. The Petitioner, Norman O. Brown, seeks reinstatement of his petition for review which was previously dismissed as untimely filed. Brown contends that this court should apply retroactively the tolling… Read More

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State of Wisconsin ex rel. Eugene Nichols v. Litscher, 2001 WI 119 For Nichols: Jeffrey O. Davis, Daniel J. LaFave Issue: Whether a pro se prisoner’s petition for review may be accepted for filing in the supreme court, even though received after the filing deadline, where it was delivered to prison authorities for mailing before… Read More

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State ex rel. Jose DeJesus Fuentes v. Court of Appeals, 225 Wis.2d 446, 593 N.W.2d 48 (1999), original action For Fuentes: Robert T. Ruth. The supreme court rectifies loss of the petition for review deadline caused by the court of appeal’s clerical error (failure to mail a copy of decision to appellate counsel). The remedy… Read More

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