State v. Darren A. Kliss, 2007 WI App 13 For Kliss: Michael C. Witt Issue/Holding: ¶6 n. 4: We observe that Kliss, in his appellate brief, is inconsistent in his use of pinpoint citations for the case law he invokes to support his legal contentions. Wisconsin Stat. Rule 809.19(1)(e) requires the appellant to support its… Read more
B. Published opinions
Dane Co. DHS v. Dyanne M., 2007 WI App 129, PFR filed 4/23 For Dyanne M.: Phillip J. Brehm Issue/Holding: Reply brief failure to address argument raised in response brief may be deemed conceded for purposes of appeal, ¶23 n. 7, citing Hoffman v. Economy Preferred Ins. Co., 2000 WI App 22, ¶9, 232 Wis… Read more
State v. Dawn R. Dartez, 2007 WI App 126, PFR filed 4/23 For Dartez: Bill Ginsberg Issue/Holding: Failure of a response brief to dispute a proposition in appellant’s brief may be taken as implicit concession of the proposition, ¶6 n. 3… Read more
State v. Patrick Jackson, 2007 WI App 145, PFR filed 6/6/07 For Jackson: Marcella De Peters Issue/Holding: Footnote 1: Patrick Jackson’s notice of appeal says that he is appealing the trial-court order denying his motion for postconviction relief. The notice of appeal does not also indicate that he is also appealing from the judgment of… Read more
State ex rel. Adrian T. Hipp v. Murray, 2007 WI App 202, (AG’s) PFR filed 8/16/07Pro se Issue/Holding: Review of a judge’s actions in a John Doe proceeding aren’t subject to direct appeal, but may be reviewed by writ of mandamus: ¶9 The parties agree that we review Judge Murray’s actions in connection with Hipp’s… Read more
State v. Esteban Martinez, 2007 WI App 225 For Martinez: George Limbeck Issue/Holding: A Wisconsin inmate paroled to serve sentence in another jurisdiction is not entitled to credit for that service against subsequently-revoked Wisconsin parole; State v. Rohl, 160 Wis. 2d 325, 466 N.W.2d 208 (Ct. App. 1991), followed and State v. Kevin Brown, 2006 WI App 41… Read more
State v. Terrill J. Hintz, 2007 WI App 113, (AG’s) PFR granted 9/11/07 For Hintz: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: Where an extended supervision hold is based at least in part on arrest on a new offense, § 973.115(1)(a) awards credit for time spent in custody under the hold against the sentence ultimately imposed for… Read more
State v. Dwight Glen Jones, 2007 WI App 248 For Jones: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶13 Although an indigent defendant does not have the right to pick his or her trial lawyer, Mulkovich v. State, 73 Wis. 2d 464, 474, 243 N.W.2d 198, 203–204 (1976) (“This court has frequently said that, except in cases of… Read more
