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G. Sanctions

State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13      Specifically… Read More

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OWI – Enhancer – Collateral Attack

State v. George McGee, 2010AP3040-CR, District 3, 4/26/11 court of appeals decision (1-judge, not for publication); for McGee: Steven G. Richards; case activity McGee’s collateral attack on a prior OWI conviction used to enhance his present sentence is necessarily limited to denial of the constitutional right to counsel, ¶5. Although McGee represented himself in the challenged prior… Read More

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on petition for review of unpublished order; for State Public Defender: Joseph N. Ehmann; for amicus (WACDL): Robert R. Henak; for amicus (Appellate Section, State Bar): Anne B. Kearney; case activity Issues (formulated by On Point): Whether counsel is entitled to notice and opportunity to be heard before the court of appeals imposes a monetary or other… Read More

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City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11 court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration. ¶18      In short… Read More

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Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read More

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State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read More

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Counsel Sanctions: Violation of No-Cite Rule

Shirley Anderson v. Northwood School District, 2011 WI App 31; case activity ¶7 n. 3: Northwood cites a circuit court decision from another case as persuasive authority, correctly noting that such a citation does not violate WIS. STAT. RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009.  However, Northwood then emphasizes we affirmed the… Read More

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Sanctions

City of Shawano v. Darlene F. Sense, 2010AP2193-FT, District 3, 2/8/11 court of appeals decision (1-judge, not for publication); case activity; Memo Br.; Memo Resp.; Memo Reply ¶10      As a final matter, we address certain deficiencies in Sense’s appellate brief.  First, Sense’s repeated references to “appellant” and “respondent” throughout her brief violate WIS. STAT. RULE 809.19(1)(i), which requires reference… Read More

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