Follow Us

Facebooktwitterrss
≡ Menu

Published 2006

Briefs – Citing Unpublished Opinion

State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd Issue/Holding: ¶21      … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has… Read More

{ 0 comments }

City of Sheboygan v. Steven Nytsch, 2006 WI App 191, PFR filed 9/11/06 For Nytsch: Chad A. Lanning Issue/Holding: ¶18 n. 6: …This court is not so naïve as to believe that unpublished opinions, whether one-judge opinions, per curiam opinions or authored opinions sit in a file serving as dinner for book lice. [A tiny… Read More

{ 0 comments }

State ex rel. Luis Santana v. Endicott, 2006 WI App 13 Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992): ¶1       … Read More

{ 0 comments }

State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Odom is entitled to full sentence credit on both his reconfinement and new sentence, given that they are concurrent, ¶34: (B)ecause Odom was sentenced on the same day to concurrent sentences for his revocation of extended release… Read More

{ 0 comments }

No-Merit Report – Client’s Options

State ex rel. Perry Van Hout v. Endicott, 2006 WI App 196, PFR filed 10/11/06 For Van Hout: Robert R. Henak Issue/Holding: ¶23      Where a defendant has specifically directed counsel not to file a no-merit report after being advised of his or her options, counsel is not free to ignore the defendant’s direction. We discussed… Read More

{ 0 comments }

State v. Lee Terrence Presley, 2006 WI App 82 For Presley: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding:   Sentence credit is required for for days spent in jail between dates of revocation of extended supervision in an earlier case and sentencing on both the revoked supervision and a new case. ¶10      Presley submits that Beets requires sentence credit until… Read More

{ 0 comments }

State v. David R. Kaster, 2006 WI App 72, PFR filed 4/26/06; prior appeal: 2003 WI App 105 For Kaster: Robert R. Kaster Issue/Holding: ¶9 Kaster next argues that the evidence was legally insufficient to sustain the disorderly conduct charge. …. Kaster has not demonstrated a “sufficient reason” under § 974.06(4) to overcome the fact… Read More

{ 0 comments }

Waiver (of Appellate Counsel) — By Conduct

State ex rel. Perry Van Hout v. Endicott, 2006 WI App 196, PFR filed 10/11/06 For Van Hout: Robert R. Henak Issue: Whether Van Hout waived his right to appellate counsel where he rejected counsel’s offer of a no-merit report and then, after having been warned of the dangers of proceeding pro se, chose neither… Read More

{ 0 comments }