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4. Litigating IAC

State v. Victor Yancey, Jr., 2018AP802-CR, 1/8/19, District 2 (1-judge opinion, eligible for publication); case activity (including briefs) Stormy applause for Godfrey & Kahn who took this appeal pro bono and then won it! The court of appeals held that Yancey alleged a prima facie claim for ineffective assistance of counsel when he pled guilty… Read More

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State v. Howard D. Davis, 2017AP942-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs) Davis claimed trial counsel was ineffective in various ways, and that a juror may have introduced extraneous information into deliberations. The trial court denied his claims without a hearing. The court of appeals affirms. A postconviction motion provides… 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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State v. Marcia Render, 2017AP1779-CR, 8/14/18, District 1 (not recommended for publication); case activity (including briefs) Render and her sister got into a brawl, and Render ended up on the floor on top of her sister, holding her head down to subdue her. Unfortunately, she died. At trial, the State’s doctor testified that her death… Read More

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State v. Ronald Lee. Gilbert, 2016AP1852-CR, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Congratulations to Quarles & Brady, which took this appeal pro bono, for scoring a defense win! Gilbert, who was convicted trafficking a child and related crimes, argued that his trial counsel was ineffective for failing to (1) challenge… Read More

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State v. Anthony R. Pico, 2018 WI 66, 6/15/18, affirming a split, unpublished court of appeals opinion, 2015AP1799-Cr, case activity (including briefs) This split decision clarifies important aspects of ineffective assistance of counsel law, sentencing law, and appellate procedure. In addition, Justice Abrahamson’s dissent includes a word of caution for lawyers representing clients who have… Read More

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State v. Anthony Donte Dixon, 2017AP2221-2222-CR, 6/5/18, District 1 (1-judge opinion, eligible for publication); case activity Dixon wasn’t happy with his trial lawyer. They hadn’t communicated before the final pre-trial conference. When they did communicate, Dixon told his lawyer that he wanted him to contact several alibi witnesses and provided their names and numbers. Two… Read More

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State v. Lamont Donnell Sholar, 2018 WI 53, 5/18/18, affirming an unpublished court of appeals opinion, 2016AP897-CR, case activity Appellate lawyers will want to pay attention to this decision because it clarifies the law and procedure governing claims for ineffective assistance of trial counsel. In particular, resolving an issue of first impression, it holds that… Read More

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