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43. Writs (Non-Habeas)

Counsel: Sanctions – Pre-Litigation Advice

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked: ¶3        We conclude that the record, particularly the trial court’s own… Read More

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Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation  As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read More

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Coram Nobis: “Very Limited Scope”

Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity ¶12      In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis.  The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.”  Jessen v. State, 95… Read More

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Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5   We conclude: … (2)  A circuit court does not… Read More

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Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br. after remand; Buchler Br. after remand Certiorari Review – Prison Discipline Evidence before disciplinary committee, in the form of statements of two confidential informants, adequately established (“more likely than not”) that Jackson participated in… Read More

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Coram Nobis

State v. Andrew M. Obriecht, 2010AP1469, District 4, 10/28/10 court of appeals decision (1-judge, not for publication); pro se Following earlier unsuccessful challenges to his plea-based conviction via direct appeal and habeas, Obriecht utilizes coram nobis as an attack mechanism. He argues that his plea wasn’t knowing, and that requiring a plea as a precondition to… Read More

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Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se Mandamus – Generally ¶4        A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory… Read More

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Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13      The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board, 2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision… Read More

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