State v. Smythe

¶ 1. The petitioner, Ralph D. Smythe (Smythe), seeks review of an order dismissing his appeal of the circuit court's determination that his refusal to submit to a breath test was unreasonable and that his operating privileges should be revoked. The court of appeals denied a request by Smythe's counsel, Ralph A. Kalal (Kalal), for an eight-day extension (five working days) to file his brief and then, applying Wis. Stat. § (Rule) 809.83(2) (1995-96),1 it dismissed the appeal as a sanction for failure to file a brief.

¶ 2. Although the request for extension was the first in this case, Judge…