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I. Present defense

State v. Frederick Ramsey, 2017AP1318-CR, 5/29/19, District 1 (not recommended for publication); case activity (including briefs) Ramsey confessed to the stabbing death of A.T., but it turns out that the DNA under her fingernails belonged to a guy named Teague. Ramsey filed a motion to admit the DNA evidence  and to argue that Teague killed… Read More

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State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs) Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. Insufficient evidence Barwick argues there was insufficient evidence to convict… Read More

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McCoy v. Louisiana, USSC No. 16 – 8255, 2018 WL 218-617, 5/14/18, reversing and remanding State v. McCoy, 2018 So.3d 535 (La. 2016); SCOTUSblog page (includes links to briefs and commentary). In a 6-3 opinion written by Justice Ginsburg, SCOTUS holds that the Sixth Amendment guarantees a defendant the right to choose the objective of his… Read More

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State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs) In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997. Because of the number of issues and their fact-intensive nature, this post will simply list the… Read More

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McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17 Question presented: Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection? Decision below: State v. McCoy, 218 So.3d 535 (La. 2016) USSC Docket Scotusblog page (including links to cert petition and responses; briefs; and commentary) You’d think the answer… Read More

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State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs) Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better… Read More

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Question presented: Whether, when this court held in Ake v. Oklahoma, 470 U.S. 68 (1985), that an indigent defendant is entitled to meaningful expert assistance for the “evaluation, preparation, and presentation of the defense,” it clearly established that the expert should be independent of the prosecution. Lower court decision: McWilliams v. Commissioner, Ala. Dep’t of Corr… Read More

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Review of a per curiam opinion; case activity (including briefs); petition for review Issues (from Stietz’s petition): 1. On the facts of this case, did the court of appeals deny Stietz’s federal and state constitutional rights to present a complete defense of self-defense, and contradict controlling precedent of this Court in State v. Mendoza, 80 Wis… Read More

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