In a nutshell, and in reference to this post, Mr. Suhr claims Wis. Stat. § 809.51 applies only to these courts of appeal and thus does not direct attentive readers of the law to §§ 809.70 and 809.71, which distinguish between the two types of jurisdictional authority, supervisory and original (the two that Gableman & Co. conjoined with a forward slash).
The hapless Mr. Suhr is either unaware that the Supreme Court is itself a court of appeals or else failed to read the set of definitions provided at the outset to Chapter 809 of the Wisconsin Statutes and Annotations:
"Court" means the court of appeals or, if the appeal or other proceeding is in the supreme court, the supreme court.It's a mystery why the faculty continues to publish Mr. Suhr's claptrap.
Frankly, it's embarrassing to other, competent MULS alumni.
At least he might read the law prior to leveling his absurd accusations. I most certainly do, and furthermore see no need to reiterate each and every jot and tittle of it in a blog post, particularly those provisions that are so blindingly obvious to everyone save the "research assistant" Suhr.
Lord, make me a vessel of Your patience.
* See also Ed Fallone's comment. My own is "awaiting moderation."
Here it is, just in case:
Thanks Prof. Fallone.
Evidently Mr. Suhr himself "failed to note" § 809.01(4): "[In this chapter] 'Court' means the court of appeals, or if the appeal or other proceeding is in the supreme court, the supreme court." So clearly § 809.51 does indeed "carry forward" to §§ 809.70 and 809.71, contrary to Mr. Suhr’s unique rationalizations. Now perhaps Mr. Suhr would be so kind as to withdraw his accusation that I misapplied § 809.51.
I beg of you, Suhr! Hit 'em where it hits!
ReplyDeleteMaybe stuff like that is covered in one of those continuing education classes you've been meaning to take.
ReplyDeleteCindy resorts to ouright ad-hominem in order to attract more attention?
ReplyDeleteStuff like what, Cindy K.? Do feel free to correct me.
ReplyDelete