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1. Appeals

State v. Edward L. Branson, 2018AP873-CR, 3/21/19, District 4 (not recommended for publication); case activity (including briefs) Branson was convicted of possession with intent to deliver methamphetamine. He argued that his lawyer was ineffective for failing to object to an officer’s testimony comparing his behavior to that of the passenger in his car where a bag… Read More

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State v. Daniel W. Morse, 2018AP1293-CR, District 1, 3/19/19 (one-judge decision; ineligible for publication); case activity (including briefs) Morse challenges his convictions for three counts of misdemeanor theft by embezzlement, but the court of appeals holds he’s waived his challenges by pleading guilty. Morse, a lawyer, was the personal representative of an estate, and used… Read More

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State v. Rondale Darmon Tenner, 2018AP1115-CR, District 1, 3/12/19 (not recommended for publication); case activity (including briefs) Tenner complains his lawyer was ineffective for failing to impeach one of the state’s witnesses with her prior convictions. He also says he should get a new trial because he has an affidavit from a new witness who… Read More

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Newly discovered evidence claim rejected

State v. Jerry Simone Wilson, 2018AP534, District 1, 3/12/19 (not recommended for publication); case activity (including briefs) Wilson’s bid for a new trial based on newly discovered evidence fails because he was negligent for not seeking the evidence at the time of his original trial. Wilson was convicted of reckless homicide and recklessly endangering safety… Read More

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Garza v. Idaho, USSC No. 17-1026, reversing Garza v. State, 405 P.3d 576 (Idaho 2017);  Scotusblog page (includes links to briefs and commentary) This case involved two plea agreements that included clauses stating that Garza waived his right to appeal. After sentencing, Garza told his lawyer that he wanted to appeal, but his lawyer refused… Read More

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State v. Christopher Deshawn McGinnis, 2017AP2224-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals found certain hearsay statements admissible under the “statement against penal interest” and “prior inconsistent statement” exceptions to the hearsay rule. It also held that part of a detective’s testimony qualified as hearsay, but its… Read More

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State v. C.L.K., 2017AP1413-1414, reversing an unpublished court of appeals opinion; 2/19/19; case activity (including briefs) The State of Wisconsin petitioned the Milwaukee County Circuit Court to terminate C.L.K.’s parental rights, following which the matter went to trial in due course. After the State rested, the circuit court immediately  decided that Mr. K. was an… Read More

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State v. Tracy E. McCarthy, 2018AP484, District 2, 2/6/19 (one-judge decision; ineligible for publication); case activity (including briefs) McCarthy’s pro se appeal in his disorderly conduct case fails on multiple grounds. His brief doesn’t cite to the record and the record doesn’t include any transcripts. He doesn’t develop any legal arguments in support of his claims… Read More

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