State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the… Read more
Bill Tyroler’s Case Summaries
State ex rel. Individual v. Davis, 2005 WI 70, on certification For Subpoenaed Individual: Stephen P. Hurley, Marcus J. Berghahn, Hal Harlowe Issue/Holding: ¶15 A writ of prohibition is an extraordinary remedy that normally will not issue except in the absence of other adequate remedies. [6]As a remedy, writs of prohibition are often used in… Read more
State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85 For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial Issue/Holding: ¶15. A petition for a writ of mandamus or prohibition is an appropriate remedy to redress the denial of judicial substitution. See State ex rel. James L.J. v. Circuit Court for Walworth County… Read more
State ex rel. David C. Myers v. Swenson, 2004 WI App 224 For Myers: Christopher T. Sundberg; Bruce D. Huibregtse Issue/Holding: ¶8 Myers appears to argue that the Wisconsin courts retain the ability to conduct certiorari review of a Wisconsin inmate’s due process or equal protection challenge to a disciplinary action, even if the challenge… Read more
State v. Christopher Swiams, 2004 WI App 217, District 1, 10/19/04 (published); case activity Issue/Holding: ¶8. … The State contends, however, that reconfinement orders may only be reviewed via common-law certiorari and not under Wis. Stat. Rule 809.30. It relies on State v. Bridges, 195 Wis. 2d 254, 536 N.W.2d 153 (Ct. App. 1995) (per… Read more
State ex rel Ralph A. Kalal v. Circuit Court for Dane County, 2004 WI 58 For Kalal: Waring R. Fincke Issue/Holding: ¶17 A “writ of supervision is not a substitute for an appeal.” State ex rel. Dressler v. Circuit Court for Racine County, 163 Wis. 2d 622, 630, 472 N.W.2d 532 (Ct. App. 1991). The… Read more
State v. Sylvester Sigarroa, 2004 WI App 16 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶28. We do not end our discussion here. Instead, we are compelled to admonish the increasing pattern of witness and/or attorney violation of in limine orders. On several occasions, we have spent judicial time and resources to make a… Read more
State v. Derryle S. McDowell, 2003 WI App 168, PFR granted, affirmed, 2004 WI 70 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶9 n.4: We remind counsel and the court of our concerns about off-the-record discussions. See Coston v. Joseph P., 222… Read more
