State v. Wallace I. Stenzel, 2004 WI App 181For Stenzel: Martin E. Kohler Issue/Holding: Citation to an unpublished 7th Circuit case is proper, ¶18 n. 6: Wisconsin Stat. Rule 809.23(3) does not prohibit us from citing unpublished opinions from other jurisdictions. Predick v. O’Connor, 2003 WI App 46, ¶12 n.7, 260 Wis. 2d 323, 660… Read more
C. Briefs/Appendices
State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: ¶19 … Further, Provo has not made the transcript of the plea hearing a part of the record. Consequently, we must assume that the transcript of that hearing supports the trial court’s finding that Provo’s plea was… Read more
State ex rel Kim J. Barksdale v. Litscher, 2004 WI App 130 Issue/Holding: ¶12. Accordingly, we agree with the trial court that the only reasonable reading of Wis. Stat. § 802.06, as applied to certiorari proceedings, is that a party who has unsuccessfully moved to dismiss on other grounds may still seek dismissal grounded on claim… Read more
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04 For Wollenberg: Susan E. Alesia, SPD, Madison Appellate Issue/Holding: ¶12. Second, assuming this was a DPA, Wollenberg claims the judgment is void because the agreement was never in writing. Wollenberg, however, invited the error he alleges, and we normally will not review invited… Read more
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: Failure to request order barring on prosecutor’s conferring with particular witness during break in testimony waived right to challenge such consultation, notwithstanding similar order with respect to different witness, and general sequestration order. ¶¶38-41… Read more
State v. Edward Leon Jackson, 2004 WI App 190, PFR filed 10/15/04 For Jackson: Meredith J. Ross, LAIP, UW Law School Issue/Holding: ¶4 The State, relying on State v. Kohler, 2001 WI App 253, 248 Wis. 2d 259, 635 N.W.2d 838, argues that because Jackson did not raise a multiplicity challenge at trial, he has… Read more
State v. John Norman, 2003 WI 72, affirming unpublished decision of court of appeals For Norman: Angela Kachelski Issue/Holding: Norman’s failure on appeal to develop an argument analytically necessary to the issue he raises waives his right to have that issue reviewed. ¶64… Read more
Predick v. O’Connor, 2003 WI App 46 Issue/Holding: ¶12 n. 7: We note that in this opinion we do cite to two unpublished opinions from other states. Wisconsin Stat. § 809.23(3) does not prohibit us from doing so. In Brandt v. LIRC, 160 Wis. 2d 353, 466 N.W.2d 673 (Ct. App. 1991), aff’d, 166 Wis… Read more
