Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11 Appellate Procedure – Mootness Doctrine Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence – isn’t moot: The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot… Read more
4. Mootness
State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11 court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity Hoffman’s challenge to the length of his sentence became moot once he had fully served it. ¶6 At the outset, the State contends that Hoffman’s appeal is moot; he has served… Read more
Questions Presented: May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial? SCOTUS docket: here. Scotusblog, briefs: here. This have anything to do with SPD-related practice? Not really, strictly speaking. But, isn’t the problem at least somewhat reminiscent… Read more
court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski IAC Claim – TPR “The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri… Read more
State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue/Holding: ¶14 As a preliminary matter, while the issue before the court is moot because Walker has completed his reconfinement term and thus our decision will not affect the underlying controversy, we may at times consider a… Read more
Portage Daily Register v. Columbia Co. Sh. Dept., 2008 WI App 30 Issue/Holding: ¶8 We will generally not consider issues that are moot on appeal. See Hernandez v. Allen, 2005 WI App 247, ¶10, 288 Wis. 2d 111, 707 N.W.2d 557. However, the present appeal is not moot because our ruling will have the practical… Read more
State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order For Riesch: Christopher J. Cherella Issue/Holding: ¶11. Since granting the petition for review in this case, we have determined that the issue presented is moot as to Riesch. “An issue is moot when its resolution will have no practical effect on the underlying… Read more
State v. Michael S., 2005 WI 82, reversing unpublished decision For Michael S.: Susan Alesia, SPD, Madison Appellate Issue/Holding: ¶6 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. [3] A court may decide a moot issue when the issue is of great public importance; occurs frequently and a… Read more
