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1. Deficient performance

State v. Kimberly C. Thomas, 2018AP304-CR, 1/15/19 (1-judge opinion, ineligible for publication); case activity (including briefs) On the morning of her final pretrial, Thomas called her lawyer’s office to say that she just got a job, had to start that day, and couldn’t make the conference. When she didn’t show, she was charged and convicted… Read More

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State v. Samantha H. Savage-Filo, 2018AP996-CR, 1/9/19, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs). Savage-Filo claimed that her trial counsel was ineffective for, among other things, failing to investigate electronic discovery and incorrectly assessing the strength of a video allegedly showing her take a purse (filled with jewelry) left in a… Read More

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State v. Danny L. Wilber, 2016AP260, 12/26/18, District 1 (not recommend for publication); case activity (including briefs) “This case involves a dual tragedy: the death of one innocent man and the conviction of another.” (Initial Brief at 1). Not one of the many eyewitnesses to this homicide, which occurred during a large house party, saw… Read More

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Hatem M. Shata v. Denise Symdon, No. 16-CV-574 (E.D. Wis. Dec. 12, 2018) Shata’s case was one of two our supreme court decided on the same day–both held counsel not ineffective for failing to give accurate advice on immigration consequences. You can see our prior post for the facts and our analysis of those decisions… Read More

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State v. Kenneth Alexander Burks, 2018AP208-CR, 9/25/18, District 1, (not recommended for publication); case activity (including briefs) The court of appeals held that an officer’s testimony that another witnesses’s testimony was “very believable” did not qualify as “vouching” when considered in context. It also held that the circuit court did not impermissibly rely on its… Read More

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State v. Darrin L. Malone, 2017AP680-CR, 9/26/18, District 2 (not recommended for publication); case activity (including briefs) The disputed image is below. It’s of a similar robbery three days before the robbery for which Malone was convicted of felony murder (the other robber in that latter robbery–who testified against Malone–admitting shooting and killing the gas… Read More

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State v. Keith J. Brooks, 2017AP1723-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs) Brooks was tried for first-degree intentional homicide. The jury acquitted him of that but convicted of the lesser-included first-degree reckless. He argues his trial lawyers were ineffective because they pursued a strategy that would have let the jury… Read More

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State v. Alice M. Fischer, 2018AP422-CR, 9/18/18, District 1 (1-judge opinion, ineligible for publication); case activity This case may sound vaguely familiar. Trial counsel failed to investigate and make use of a claim against a sheriff’s sergeant, Matthew Paradise, the defendant in a civil rights action alleging that he and others conspired to create inaccurate… Read More

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