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Published 2003

Briefs – Citing Unnpublished Opinions

State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue/Holding: ¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows: Unpublished opinions not cited. An unpublished opinion is… Read More

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U.S. Bank National v. City of Milwaukee, 2003 WI App 220 Issue/Holding: fn. 4: The brief submitted to us by the City of Milwaukee is overly tendentious and lacks the civility that lawyers owe to both their adversaries and to the courts. The following has no place in a brief before any court in this… Read More

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State ex rel. Dillard Earl Kelley, 2003 WI App 81 Issue/Holding: The prison mailbox rule of State ex rel. Nichols v. Litscher, 2001 WI 119 (petition for review filed after nominal deadline timely nonetheless if submitted before deadline to prison authorities for mailing by pro se prisoner) extended here to notice of appeal to dismissal… Read More

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State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor… Read More

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Postconviction Discovery

State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether defendant was entitled to postconviction discovery on the issue of whether the sexual assault complainant had been located at a drug house and held in custody pending her testimony. Holding: ¶32. A defendant has a right to postconviction discovery… Read More

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 State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed… Read More

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Restitution — Hearing — Evidence

State v. Mark M. Loutsch, 2003 WI App 16, PFR filed 1/17/03; X-PFR filed 1/31/03 For Loutsch: Charles B. Vetzner Issue/Holding: ¶20. When the trial court has the authority to order restitution for a loss, the court’s decision to order restitution in a particular amount is committed to the trial court’s discretion. Holmgren, 229 Wis. 2d at… Read More

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Preservation of Issue: Offer of Proof

State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03 For Brown: Robert T. Ruth Issue/Holding: Where defendant was charged with theft and operating without consent relating to property and a vehicle that he had permission to take but failed to deliver to the agreed out-of-state destination, his proffer that he drove to… Read More

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