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A. Right to appeal

Gilberto Garza, Jr. v. Idaho, USSC No. 17-1026, certiorari granted 6/18/18 Question presented: Does the “presumption of prejudice” recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement… Read More

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State v. August D. Genz, 2016AP2475-CR, District 3, 1/30/18 (not recommended for publication); case activity (including briefs) A jury convicted Genz of (1) possession with intent to deliver amphetamine and (2) conspiracy to deliver THC. The court imposed concurrent, stayed sentences with 1 year of probation. Genz appealed the 2nd conviction, but he completed his… Read More

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Defense win on postconviction procedure!

State v. Jeffrey S. Roehling, 2016AP35-CR, District 3, 10/3/17, (not recommended for publication), case activity (including briefs) Haven’t seen defense win in awhile–especially not regarding postconviction procedure. The court of appeals first rejects the State’s contention that a defendant who fails to request an extension of the 60-day deadline for a circuit court to decide… Read More

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State v. Peter J. Long, 2016AP729, 3/28/17, District 1 (one-judge decision, ineligible for publication); case activity (including state’s brief) Peter Long filed a Wis. Stat. § 974.06 arguing that his sentence for OWI-4th should be commuted or modified to the maximum sentence for an OWI-3rd, because one of his priors was uncounseled. There are two problems here… Read More

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Dunn County v. Dennis M., 2014AP2579, District 3, 6/16/15 (one-judge decision; ineligible for publication); case activity Despite the fact Dennis M. can’t possess a firearm as a result of a prior involuntary commitment order, his appeal from that order is moot because he entered into a voluntary stipulation to recommitment that has expired and not been renewed. While he was in… Read More

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State v. Jeromy Miller, 2014AP1246-CR, 2/24/15, District 2 (not recommended for publication); click here for docket and briefs This decision smells like SCOW bait.  Miller pleaded guilty believing that he had the right to appeal the circuit court’s denial of his pre-trial motion to dismiss. Both the court and defense counsel told him so. The… Read More

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Milwaukee County v. Andy S., 2014AP1885, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity The evidence was sufficient to prove dangerousness under § 51.20(1)(a)2.a., as it showed Andy “[e]vidence[d] a substantial probability of physical harm to himself … as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.” ¶14      Andy S. does… Read More

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Ch. 51 appeal is moot

Milwaukee County v. Rebecca G., 2014AP359, District 1, 9/3/14 (1-judge; ineligible for publication); case activity Rebecca’s appeal of her ch. 51 commitment is dismissed as moot because the six-month commitment order expired while the appeal was pending and the County didn’t seek an extension. A court may decide a case even though it’s moot if: the issue presented is of… Read More

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