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D. Ineffective Assistance

State v. Jeninga, 2019 WI App 14; case activity (including briefs) Jeninga asserted that he would not have pled guilty to a weak child sexual assault charge if his trial counsel had filed an obvious motion to suppress child porn on his cell phone. Trial counsel, who missed the suppression issue, testified that the child porn… Read More

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State v. Gary Lee Wayerski, 2019 WI 11, affirming and modifying an unpublished court of appeals decision; case activity (including briefs) The supreme court overrules Wisconsin’s longstanding test for deciding whether the state has “suppressed” favorable evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), saying the test is unsupported by and contrary to… Read More

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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. 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. 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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State v. Dedric Earl Hamilton, Jr., 2018AP200-CR, 12/26/18, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Hamilton of 1st-degree sexual assault of his 8-year old niece. On appeal, he argued that: (1) he was he entitled to a hearing on his postconviction motion in which he alleged, with the support… Read More

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No prejudice, no Machner hearing

State v. Sadiq Imani, 2018AP596-CR, District 1, 12/18/18 (not recommended for publication); case activity (including briefs) Imani doesn’t get a Machner hearing on his ineffective assistance of counsel claim because the court of appeals concludes the record shows counsel’s alleged errors didn’t prejudice Imani. Imani was charged with robbing a bank. He argues his trial lawyer was ineffective… Read More

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