seventh circuit court of appeals decision Inadequate Argumentation – Sanction Counsel’s woefully inadequate argumentation (“a single, underdeveloped legal argument” that, “(w)orse yet … was foreclosed by” prior precedent) not only dooms his client’s effort to resist deportation, notwithstanding palpable equities on her side, but has consequences for counsel himself: … We are disturbed, however, by Baniassadi’s perfunctory… Read more
C. Briefs/Appendices
State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9 When Wisconsin’s driving laws provide for the enhancement of penalties for a current… Read more
State v. Allen L. Resch, 2010AP2321-CR, District 2, 4/27/11 court of appeals decision (1-judge, not for publication); for Resch: Christopher Lee Wiesmueller, Corinne N. Wiesmueller; case activity Reasonable suspicion supported investigatory stop for possible burglary, where vehicle was parked in private business parking lot at 2:26 a.m., with engine running and lights off. ¶13 Specifically… Read more
State v. Michael L. Gengler, 2010AP1999, District 2, 4/6/11 court of appeals (1-judge, not for publication); pro se; case activity ¶6 The trial court determined that the complaint and the amended complaint were proper, stating, The complaint was duly sworn on oath. The complaint was signed and filed by an assistant district attorney as prescribed by WIS. STAT. §… Read more
City of West Allis v. Susan Schneidler, 2010AP2531, District 1, 4/5/11 court of appeals decision (1-judge, not for publication); for Schneidler: Thomas C. Simon; case activity Tip from an identified citizen informant – that she had seen Schneidler drinking alcohol before driving off – supported stop of Schneidler’s car, without requiring independent corroboration. ¶18 In short… Read more
Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more
Donna J. Murr v. St. Croix County Board of Adjustment, 2008AP2728, District 3, 2/15/11 court of appeals decision (recommended for publication); case activity ¶18 n. 11: The Board’s response brief repeatedly refers to Murr as plaintiff. We remind counsel that references should be to names, not party designations. See Wis. Stat. Rule 809.19(1)(i). Surpassingly minor… Read more
Shirley Anderson v. Northwood School District, 2011 WI App 31; case activity ¶7 n. 3: Northwood cites a circuit court decision from another case as persuasive authority, correctly noting that such a citation does not violate WIS. STAT. RULE 809.23(3), which prohibits citing unpublished appellate cases decided before July 1, 2009. However, Northwood then emphasizes we affirmed the… Read more
