The Court of Appeals released about three dozen decisions last week. As expected, the vast majority affirmed the Circuit Court’s ruling. Here are the five exceptions: Kenosha Cemetery Association v. Janet & Jeffrey Depaoli – The plaintiff proved the defendant had converted $240,000 for her own use, and that her husband was reasonably responsible due […]
Author Archives: Chelsey Bradley
In the past month, the Wisconsin Court of Appeals has certified two appeals for review by the Wisconsin Supreme Court. On October 2, 2013, the Court of Appeals certified Eileen W. Legue v. City of Racine, 2012AP002499, which examines the legal relationship between statutory government immunity with the public officers’ statutory privilege to violate rules […]
On Tuesday, the Court of Appeals published their decision in State v. Moua, 2012-AP-1859, an appeal from the third round of Moua’s post-conviction litigation (and his second 974.06 motion). The Court held that, to the extent Moua’s arguments as to his incapacity were new, he had failed to provide a “sufficient reason” for not raising […]
Often, attorneys will file and argue motions before a case goes to trial. Although rulings on these motions do not decide the ultimate fate of the case, they can often make or break a party’s trial strategy. Due to the importance of pretrial orders, a party may ask the Wisconsin Court of Appeals to […]
This is the theme of our FREE Wisconsin Appeals E-News for this month. Other topics this month include New Wisconsin Supreme Court Certifications from the Court of Appeals and Wisconsin Supreme Court to Hear Oral Arguments in Act 10 Appeal. To view the full newsletter, click here. Anticipating an Appeal: Preserving Objections for Appellate Review […]
The short answer is yes. When a court rules against a homeowner in a foreclosure case, it issues a judgment of foreclose. In Wisconsin, a judgment of foreclosure is considered to be a final judgment. This is significant because, pursuant to Wisconsin States Section 808.03(1), a final judgment may be appealed as a matter of […]
When you decide to initiate a civil or criminal appeal, the first action you must take is to file your Notice of Appeal in the circuit court that issued the judgment from which you are appealing. The date of filing for your Notice of Appeal begins the clock ticking on numerous critical deadlines. One such deadline […]
If you believe your case was prematurely dismissed, you can ask the court of appeals to review the dismissal. This is a type of appeal, and it requires several steps. File a Notice of Appeal The first step is filing your Notice of Appeal (“NOA”). The NOA lets the court know that you wish to […]
Yes, once you’ve got a judgment from the circuit court. In Wisconsin, small claims cases are generally decided by a court commissioner. After the court commissioner decides the case, either party may request that the case be decided again in front of a circuit court judge. The first step is to file a Small Claims […]
Nearly 70% of criminal appeals in Wisconsin use the legal vehicle of ineffective assistance of counsel as the attempted means for relief. This means that the accused is arguing, “If my trial counsel had done something different, the outcome would’ve been different and I wouldn’t have been convicted” (or the result of sentencing would’ve been […]