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State’s failure to address defendant-respondent’s arguments is taken as a concession

State v. Eric Allen Erickson, 2021AP1826-CR, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity (including briefs)

The state appealed a circuit court order granting Erickson’s collateral attack of a prior OWI conviction. Erickson’s response brief argued that the state ignored the relevant facts and relied on irrelevant facts. Erickson also cited authorities that “squarely rebut” authorities relied on by the state. Despite Erickson’s onslaught against its argument, the state didn’t file a reply brief. The court of appeals deems the state’s failure to reply to be a concession of Erickson’s arguments, so the circuit court is affirmed.

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