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On Appeal

May 9, 2013

Property — landlord-tenant — security deposits — damages

2012AP1180 Keyes et al. v. Waldbillig

May 5, 2012

Woman pleads guilty in child care fraud case

A woman who built a mansion and bought a Jaguar while collecting roughly $3 million in taxpayer subsidies from her Milwaukee child care centers has pleaded guilty to fraud, theft and conspiracy.

Apr 27, 2012

Professional Responsibility — reinstatement

1993AP1135-D, 1994AP1838-D & 1996AP884-D BAPR v. Woodard

Jun 29, 2011

ON APPEAL: Which writ depends on decision you want to challenge

Appellate and post-conviction practice is not just limited to direct appeals, §974.06 motions or motions to modify a sentence. Several decisions are reviewable in state court by either a petition for writ of certiorari or a petition for writ of habeas corpus. The question of which to do when depends on the type of decision you seek to challenge.

Jun 2, 2011

ON APPEAL: Court clarifies test for sentence modification

Before the Wisconsin Supreme Court’s decision in State v. Harbor, 2011 WI 28 on May 10, the test for seeking a sentence modification based on a new factor was a little bit muddled. The Wisconsin Supreme Court used Harbor to clarify it.

Apr 19, 2011

ON APPEAL: Walker’s budget impact on prison sentences

To say that Governor Scott Walker’s proposed biennial budget has gotten a little attention is a huge understatement. But little attention has focused on the immediate impact it will have on inmates serving sentences in Wisconsin prisons.

Apr 6, 2011

ON APPEAL: Motion for sentence modification tolls AEDPA

The timeline for filing a petition for writ of habeas corpus in federal court challenging a state conviction is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Recently, the United States Supreme Court addressed whether a state inmate’s challenge to his sentence tolls the deadline.

Feb 24, 2011

ON APPEAL: Challenge evidence that doesn’t meet Daubert test

On Jan. 31, 2011, the Legislature did something that the Wisconsin courts have resisted for years. It made Wisconsin a Daubert state for the purposes of admitting expert testimony.

Jan 20, 2011

High court to tackle ineffective assistance

This month, the U.S. Supreme Court granted cert in two related plea cases addressing ineffective assistance of counsel, Lafler v. Cooper (No. 10-2009) and Missouri v. Frye (No. 10-444).

Dec 28, 2010

Discourage clients from no-merit option

Last month I discussed when appointed counsel should give the required no-merit advice. But what should attorneys do when clients ask the inevitable question: “What do you think I should do?” On the whole, attorneys should discourage clients from choosing the no-merit report option. Six months ago, Justice Prosser authored the decision in State v. […]

Nov 30, 2010

No merit doesn’t mean no problem

The no-merit report procedure laid out in WIS. STAT. (RULE) 809.32 applies only to appointed counsel on direct appeal. The process can be confusing, but when to start it should not be.

Oct 21, 2010

Court unhappy with citation problems

Over the summer, the Court of Appeals issued four decisions involving criminal cases, both published and unpublished, sanctioning counsel for various infractions. In one decision, the Court sanctioned counsel from both parties. What piqued the Court's ire the most were false appendix certifications and, in one case, missing record citations.

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