01-1900, 01-1901 County of Fond du Lac v. Derksen

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Twenty-five years ago, in State v. Waste Management of Wisconsin Inc., 81 Wis.2d 555, 564, 261 N.W.2d 147 (1977), Justice Robert W. Hansen began the opinion with what has been cited by our appellate courts numerous times since:

An appellate court is not a performing bear, required to dance to each and every tune played on an appeal. Here appellant raises 29 challenges to a judgment of conviction. However, we find the challenges to fit into five categories and will discuss each category. Any of the 29 issues raised and not discussed in any of the five categories can be deemed to lack sufficient merit or importance to warrant individual attention. As did Justice Hansen and the unanimous court in Waste Management, this court also declines to address every tune played on this appeal. We determine that all the issues Kevin C. Derksen raises derive from his erroneous understanding of the law.

We therefore limit our discussion to consideration of his theory and, upon doing so, affirm the judgments.

This opinion will not be published.

Dist II, Fond du Lac County, Wirtz, J., Brown, J.

Attorneys:

For Appellant: Kevin C. Derksen, Brandon

For Respondent: Kevin G. Crowley, Fond du Lac