State v. John S. Cooper, 2003 WI App 227, PFR filed 11/14/03 For Cooper: John A. Birdsall Issue/Holding: ¶23. As a final matter, this court notes with dismay the multiple citations to unpublished opinions contained in Cooper’s appellate brief. The Rules of Appellate Procedure proscribe as follows: Unpublished opinions not cited. An unpublished opinion is… Read more
C. Briefs/Appendices
U.S. Bank National v. City of Milwaukee, 2003 WI App 220 Issue/Holding: fn. 4: The brief submitted to us by the City of Milwaukee is overly tendentious and lacks the civility that lawyers owe to both their adversaries and to the courts. The following has no place in a brief before any court in this… Read more
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶8. As a threshold matter, we reject Edwards’ challenge to the trial court’s order staying Edwards’ conditional jail time because the order was issued ex parte and without notice. We hold that Edwards failed… Read more
State v. Shon D. Brown, 2003 WI App 34, PFR filed 2/3/03 For Brown: Robert T. Ruth Issue/Holding: Where defendant was charged with theft and operating without consent relating to property and a vehicle that he had permission to take but failed to deliver to the agreed out-of-state destination, his proffer that he drove to… Read more
State v. Phillip Cole, 2003 WI 112, on certification For Cole: Michael Gould, SPD, Milwaukee Issue/Holding: Although a facial challenge to the constitutionality of a statute is not waived by a guilty plea (because such a defect would go to subject matter jurisdiction, something not subject to waiver), an “as applied” challenged is waived by… Read more
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶8 n. 4: The State moves to strike Williams’ appendix to his brief. It asserts that the inclusion of excerpts from the BNA Criminal Practice Guide and copies of articles pertaining to drug analysis and crime… Read more
State v. Dale H. Chu, 2002 WI App 98 For Chu: Andrew Shaw, Rex R. Anderegg Issue/Holding: ¶41. In his reply brief, Chu offers no response to the State’s argument concerning information about Wales. Unrefuted arguments are deemed admitted. See Charolais Breeding Ranches v. FPC Secs. Corp., 90 Wis. 2d 97, 109, 279 N.W.2d 493… Read more
State v. Jerry L. Parker, 2002 WI App 159, PFR filed 5/20/02 For Parker: William Christopher Rose Issue: Whether the principle of State v. Perry, 136 Wis. 2d 92, 401 N.W.2d 748 (1987) (missing transcript that can’t be re-created requires new trial) applies to posttrial destruction of potentially exculpatory evidence (taped drug transaction) given to the defense before trial… Read more
