Follow Us

Facebooktwitterrss
≡ Menu

Machner Hearing

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 Gilbert, 2016AP1852-CR, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Congratulations to Quarles & Brady, which took this appeal pro bono, for scoring a defense win!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

{ 0 comments }

State v. Anthony R. Pico, 2018 WI 66, 6/15/18, affirming a split, unpublished court of appeals opinion, 2015AP1799-Cr, case activity (including briefs) This split decision clarifies important aspects of ineffective assistance of counsel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

{ 0 comments }

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

{ 0 comments }

State v. Lee Vang, 2017AP75-77-CR, District 1, 2/20/18,(not recommended for publication); case activity (including briefs) Vang argued that his trial was ineffective in failing to object to (1) a police officer’s hearsay testimony about the victim’s statements to him; (2) his own testimony on direct about participating in an illegal street race for money; and (3)… Read more

{ 0 comments }

Is Machner unconstitutional?

At least three justices of the Supreme Court of the United states think so. The three (Sotomayor, Ginsburg, and Kagan) dissented from the court’s denial of certiorari in Reeves v. Alabama last week. Reeves had challenged his death sentence on the ground that his counsel had been ineffective in investigating and presenting potential mitigation evidence. He… Read more

{ 3 comments }

State v. Anthony R. Pico, 2015AP1799-CR, petition for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point): 1. Did the Court of Appeals apply the proper standard of review to the trial court’s findings of fact regarding trial counsel’s conduct and strategy? 2. Did trial counsel perform deficiently by failing to investigate Pico’s serious… Read more

{ 0 comments }

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

{ 0 comments }

Dane County DHS v. N.C., 2017AP788, District 4, 9/21/17, District 4 (1-judge opinion, ineligible for publication); case activity N.C. filed a postdisposition motion challenging the circuit court’s termination of her parental rights to M.M. She argued, among other things, that her trial lawyer was ineffective in failing to have the termination order entered as voluntary… Read more

{ 0 comments }