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J. Sanctions on Appeal

State v. Aman D. Singh, 2017AP1609, 7/26/18, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) We last saw Singh attempting, and failing, to get his long-ago second-offense OWI dismissed by a writ of coram nobis. After that, he went back to court arguing that the count should be dismissed because of  Wis… Read More

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State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs) Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault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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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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Village of DeForest v. Michael Brault, 2014AP2398, District 4, 4/16/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brault’s challenge to the sufficiency of the evidence for his conviction for OWI 1st is frivolous, so sanctions under Rule 809.25(3) are appropriate. Brault claimed the evidence was insufficient because the circuit court’s verdict relied on the arresting… Read More

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7th circuit decision, imposing discipline  Sanctions – Abandonment of Client  It is apparent from this final motion for additional time that Boyle-Saxton elected to put work for other clients ahead of her obligations to Rodriguez and this court. That is unprofessional; lawyers have an ethical obligation to take no more work than they can perform… Read More

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Nielsen sanction after show cause (summary order, not citable), on remand from State v. Nielsen, 2011 WI 94 Sanction for Incomplete Brief Appendix  The appellant’s brief argued that the circuit court failed to fulfill the mandate articulated in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, to explain the rationale for… Read More

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In the Matter of Sanctions in: State v. Gregory K. Nielsen, 2011 WI 94, remanding sanctions order; for State Public Defender: Joseph N. Ehmann; case activity; subsequent history: sanction re-imposed on remand Monetary sanction summarily ordered by court of appeals against appellate counsel for allegedly violating appendix-content rule reversed, with following “suggestion” for procedure to be followed in… Read More

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seventh circuit court of appeals decision Inadequate Argumentation – Sanction  Counsel’s woefully inadequate argumentation (“a single, underdeveloped legal argument” that, “(w)orse yet … was foreclosed by” prior precedent) not only dooms his client’s effort to resist deportation, notwithstanding palpable equities on her side, but has consequences for counsel himself: … We are disturbed, however, by Baniassadi’s perfunctory… Read More

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