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43. Writs (Non-Habeas)

State ex rel. Drazen Markovic v. Jon E. Litscher, 2018 WI App 44; case activity (including briefs) The Department of Corrections has the authority to take certain funds from an inmate’s account to pay the restitution ordered in a case even though the inmate has finished serving the sentence in that case. Markovic was convicted… Read more

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State v. Aman D. Singh, 2015AP850-CR, District 4, 1/7/16 (one-judge decision; ineligible for publication); case activity Singh, appealing pro se, seeks to reverse a twelve-year-old OWI-second conviction for which his sentence is long over. He had initially been found liable for a first offense; this forfeiture was reopened and dismissed, presumably after a prior out-of-state implied… Read more

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State of Wisconsin ex rel. Two Unnamed Petitioners v. The Honorable Gregory Peterson et al.; State of Wisconsin ex rel. Francis D. Schmitz v. the Honorable Gregory Peterson, & State of Wisconsin ex rel. Three Unnamed Petitioners v. The Honorable Gregory Peterson, et al., 2015 WI 85, issued 7/16/15; case activity: Two Unnamed Petitioners; Schmitz v… Read more

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State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion:  Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson The DOC assured Greer his probation was over and issued a discharge certificate to that effect.  In truth, his probation term hadn’t yet expired… Read more

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Sawyer County v. Maurice J. Corbin, 2013AP650; 1/22/14; District 3 (one-judge opinion ineligible for publication); case activity  This is an odd little case with some interesting potential. In 2004, Corbine was arrested for OWI and refused to submit to a chemical blood test under implied consent law. Supposedly Corbine received a “notice of intent to… Read more

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Counsel: Sanctions – Pre-Litigation Advice

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked: ¶3        We conclude that the record, particularly the trial court’s own… Read more

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Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation  As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read more

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Coram Nobis: “Very Limited Scope”

Chintan V. Patel v. State of Wisconsin, 2012 WI App 117 (recommended for publication); case activity ¶12      In this appeal, we are asked to determine whether the trial court erred in denying Patel’s writ of coram nobis.  The writ of coram nobis is a discretionary writ of “very limited scope” that is “addressed to the trial court.”  Jessen v. State, 95… Read more

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