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Notice of Appeal – Contents – Inconsequential Error

State v. Dione Wendell Haywood, 2009 WI App 178
For Haywood: Robert E. Haney

Issue/Holding: ¶1 n. 1:

Haywood’s notice of appeal mistakenly asserts that he also appeals “from … the postconviction motion dated December 2, 2008.”  First, Haywood’s appeal is from the circuit court’s order denying his motion, not from the motion.  Second, the circuit court’s order is dated December 1, 2008, although it was filed on December 2.  We, obviously, ignore these silly errors, see Wis. Stat. Rule 805.18(1) (“The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party.”) (made applicable to appellate procedures by Wis. Stat. Rule 809.84), but caution counsel to be more careful in the future.

Compare, State v. Patrick Jackson, 2007 WI App 145 (defect in NOA referring to order denying postconviction motion but not to judgment of conviction “is not fatal to our review of Jackson’s contention that the judgment was improperly entered against him”—non-fatal nor, for that matter, termed “silly” error; authored, incidentally, by same judge; take note that, perhaps, court’s patience for sloppy wording in NOA wearing thin).

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