Appellate Practice

RSS Link
Closeup of Vote by Mail envelope
Closeup of a Vote by Mail envelope, official balloting material - business reply mail, USPS first class mail.

In August of this year, the US Post Office announced a new rule that included without much fanfare a MAJOR change in when letters are postmarked. Under this new rule, most letters will no longer be postmarked on the day the letter is received by a post office but instead postmarked a day later when the letter is processed at a regional mail processing facility.
It is important that mailers understand the distinction between the date when the Postal…
Continue Reading Postmark changes at the Post Office and late mail

https-www-wisbar-org-newspublications-publishingimages-article%20images-wisconsin-supreme-court-1200x630-jpg

Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity

In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal. 

We know our readers may be scratching their heads as to why we are covering this somewhat high-profile non-criminal case involving Act 10. As is sometimes the case, however,

…
Continue Reading SCOW: Four justices signal willingness to revisit precedent governing statutory interpretation

Michael Williams v. Michael Meisner, No. 23-3268, 6/16/25

In a case that likely signals the end of a long legal battle over a Wisconsin jury instruction telling jurors to “search for the truth,” the Seventh Circuit holds that the petitioner is not entitled to habeas relief.

Readers will likely be familiar with the substance of this appeal, as it involves an issue resolved by the Wisconsin Supreme Court in 2019, whether Wis. JI-140 unconstitutionally lowers the burden of

…
Continue Reading Seventh Circuit rejects habeas appeal focusing on ‘search for the truth’ jury instruction

https-www-wisbar-org-newspublications-publishingimages-article%20images-appeals-court-building-1200x630-jpg

Posted on April 29, 2025 in Medical License Defense
Being convicted of a serious crime — especially a white-collar or high-profile offense — is not necessarily the end of the road. In Wisconsin, the law provides the opportunity to challenge a criminal conviction through the appeals process. Whether the issue involves procedural errors, improper jury instructions, or newly discovered evidence, a successful appeal can mean the difference between years behind bars and full exoneration.

At Gimbel, Reilly, Guerin…
Continue Reading What is the Criminal Appeals Process in Wisconsin? 

Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25

In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief.

During the jury deliberations at Carter’s trial, the jury passed a note to the bailiff with the intent that it be delivered to the judge. (p.3). The note read: “What happens if we…
Continue Reading Seventh Circuit affirms in Wisconsin-originating habeas on juror intrusion claim; analyzes Wisconsin’s no-merit procedure

The ever-changing landscape of state government requires businesses across all industries to stay informed on the happenings in Madison. Welcome to the June 2024 Recap issue of the Capitol Connection.

Inside this issue

Vos Recall Denied by Elections Commission

A months-long back-and-forth between Assembly Speaker Robin Vos and a group seeking to recall the Republican leader ended on June 27th when in a 4-2 decision, the Wisconsin Elections Commission decided that organizers of the effort failed to collect enough…
Continue Reading Capitol Connection, June 2024 Recap

Typesetting Blocks

“Typography matters because it helps conserve the most valuable resource you have as a writer—reader attention.” Matthew Butterick — Typography for Lawyers.

Lawyers, especially appellate lawyers, spend a lot of time on content and organization. But often when it comes to font and other typographical issues, it is easy to settle for the default—like Times New Roman, bold a few headings, and call it a day. Lawyers often perceive this as the “safe” choice.

Typography is more than what

…
Continue Reading Not Just a Matter of Looking Pretty—Why Typography Matters in Legal Writing

Join Stafford Rosenbaum in watching the film Bad River, in theatres from March 15-20, 2024. The movie documents the Bad River Band’s ongoing fight for sovereignty against Canadian energy company Enbridge.

The movie will play at AMC Fitchburg 18, Ashland Bay Cinema 6, and at select theatres across the country. 50% of all profits from the film will be donated to the Bad River Band. More information on the Band and the litigation is below. For more information on…
Continue Reading In Theatres this March: Bad River Film

The October oral argument calendar lists a measly two cases, both of which will be argued on October 9. That’s eight fewer cases than the court heard last October. In this month’s column, take a look at the sole civil case on the court’s October calendar and take a peek at a case recently granted for review.
Cases Decided
No decisions were issued in the last month.
Up for Review
Andrade v. City of Milwaukee Board of Fire and

…
Continue Reading Wisconsin Supreme Court Update: October 2023

Appellate Section chair Matthew PinixDuring the State Bar of Wisconsin’s Board of Governors meeting in Sheboygan on Friday, Sept. 22, Appellate Section chair Matthew Pinix discusses a rule petition filed with the Wisconsin Supreme Court.

Sept. 25, 2023 – Members of the State Bar of Wisconsin’s Board of Governors recently authorized the Appellate Practice Section to oppose, on its own behalf, a rules petition to the Wisconsin Supreme Court that would make it easier for an appellate court to stay a circuit court

…
Continue Reading State Bar Board Authorizes Appellate Section to Oppose Rule Petition

Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued every two weeks, amounted to his daily rate times the number of days he had worked in the pay period, which resulted in variable…
Continue Reading The Supremes Confirm Weekly Fixed Salary is Critical for FLSA Exempt Status

A Group Of Business People Sitting Around A Table While A Female Executive Stands At A Whiteboard And Points To Figures On The Board
Nov. 16, 2022 – Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.In

U.S.. v. Armbruster, No. 21-3370 (Sept. 7, 2022), the Seventh Circuit also reiterated that circumstantial evidence is sufficient to prove the mental state necessary for a fraud conviction.Spate of MergersPeter Armbruster, a certified public accountant, became the controller

…
Continue Reading Circumstantial Evidence Sufficient to Sustain Securities Fraud Conviction

On Monday, May 2, 2022, the political journalism group Politico published and reported on a leaked U.S. Supreme Court draft-opinion.

The draft opinion related to a pending case, addressing Roe v. Wade, which led to a firestorm of responses on everything from abortion, to birth control, to privacy. The authenticity of the “draft” was confirmed by the Court the next day. The Court has now launched an internal investigation into the leak.

Aside from the merit and expected…
Continue Reading Who Leaked the US Supreme Court’s Draft Opinion?

​
The State Bar of Wisconsin Appellate Practice Section is putting on a CLE event. It will be here soon. Is this for you? Of course, at least in the appellate practice world, the “fun” begins when filing your notice of appeal. Sure there are other issues – is the record complete, identifying issues, transcript tracking – but the notice begins the first step. And that step is where the appellate practitioner has a choice. Part of this choice…
Continue Reading From Articles to an Upcoming CLE: Appellate Practice Continues a Step Ahead

The Ozaukee County Courthouse in Port Washington sits on a rising hill a few blocks from Lake Michigan. In a city that has more pre-Civil War buildings than any other in the state, the courthouse dates to the turn of the 20th century, where for over 100 years it has quietly remained an everyday fixture in government and the courts.

On the second floor sits its courtroom. The courtroom is largely ceremonial – the court system has since moved…
Continue Reading Justice on Wheels: The Wisconsin Supreme Court Visits Ozaukee County

As of July 1, electronic filing is mandatory for attorneys who practice in the Wisconsin Court of Appeals.  The Wisconsin Supreme Court will launch an eFiling pilot program on a select set of cases by invitation.

According to the Wisconsin Court System News, the appellate eFiling system has the same look and feel as the eFiling system established for circuit courts.  A copy of the Supreme Court’s April 23 order, establishing a comprehensive appellate eFiling system, can be…
Continue Reading Wisconsin Expands eFiling to Appellate Courts