On March 5, 2018, the Supreme Court decided U.S. Bank N.A. v. Village at Lakeridge, USSC No. 15-1509, 2018 WL 1143822, a bankruptcy case that we note here solely because it addresses a narrow issue that can matter to appellate litigators, civil and criminal: What is the standard of appellate review of mixed questions of law and… Read more
1. Generally
State v. Justin D. Gudgeon, 2006 WI App 143, PFR filed 7/14/06 For Gudgeon: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Where the appellate court is positioned equally to review the matter, whether labeled one of fact or of law, no deference need be given the trial court: ¶19 … (T)his court is in just… Read more
State v. Somkith Neuaone, 2005 WI App 124 For Neuaone: Ralph Sczygelski Issue/Holding: Where the State admitted to breaching the plea bargain, and the defendant was explicitly offered the option of seeking plea-withdrawal but personally affirmed that he did not wish that remedy, the appellate court has “nothing to review on this issue since the trial… Read more
State v. Richard A. Brown, 2005 WI 29, reversing 2004 WI App 33, 269 Wis. 2d 750, 767 N.W.2d 555 For Brown: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶7. … The three standards of appellate review of circuit court decisions have been stated numerous times, although case law has articulated sub-principles and different ways… Read more
