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Bill Tyroler’s Case Summaries

Juvenile Delinquency — Alternatives to Disposition

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

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Prohibition — John Doe Proceeding

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

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Mandamus — Review of Denial of Judicial Substitution

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

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Certiorari — Availability

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

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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

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Supervisory writs generally

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

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In Limine Orders — Enforcement

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

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Unrecorded Sidebars Disfavored

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

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