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b. Prejudice not found

State v. Jeninga, 2018AP826-827-CR, 2/21/19, District 2 (recommended for publication), 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… 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State v. Gary Lee Wayerski, 2019 WI 11, affirming and modifying an unpublished court of appeals decision; case activity (including briefs) The supreme court overrules Wisconsin’s longstanding test for deciding whether the state has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. 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State v. Dedric Earl Hamilton, Jr., 2018AP200-CR, 12/26/18, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Hamilton of 1st-degree sexual assault of his 8-year old niece.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State v. Sadiq Imani, 2018AP596-CR, District 1, 12/18/18 (not recommended for publication); case activity (including briefs) Imani doesn’t get a Machner hearing on his ineffective assistance of counsel claim because the court of appeals concludes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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State v. Tyrus Lee Cooper, 2016AP375, review of a per curiam opinion granted 12/12/2018; case activity (including briefs) Issues (from the petition for review): When defendant’s counsel has engaged in serious professional misconduct leading up to the trial date affecting defendant’s meaningful participation in his own defense, does that provide a sufficient reason to withdraw a… Read More

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State v. Kristy L. Malnory, 2018AP216-CR, District 4, 12/13/18 (one-judge decision; ineligible for publication); case activity (including briefs) At Malnory’s trial for operating with a prohibited alcohol content, her lawyer failed to object to the admission of the “Blood/Urine Analysis” form completed at the time of her blood draw. She argues this was deficient performance… Read More

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