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State ex rel. Joshua M. Wren v. Reed Richardson, 2017AP880, review of an unpublished court of appeals order granted 5/14/19; case activity Issue (from the petition for review): Whether a criminal defendant who was denied a direct appeal and consequently was also deprived of counsel on appeal due to his trial counsel’s failure to file… Read More

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Portage County v. J.W.K., 2019 WI 54, 5/21/2019, affirming an unpublished order dismissing appeal as moot; case activity Practitioners know that it’s rare to get from final judgment to court of appeals decision on the merits in less than a year. Just the ordinary statutory time frames for appointment of counsel, transcripts, motions or notices… Read More

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In re Judicial Disciplinary Proceedings Against Piontek, 2019 WI 51, 5/21/19; case activity The supreme court suspends Judge Michael Piontek from office for five days for “obviously unethical” and “clearly improper” misconduct in two criminal cases. In the first case the judge engaged in ex parte communication with the prosecutor about adjourning a scheduled trial… Read More

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State v. Traci L. Kollross, 2018AP931-CR, District 1, 5/21/19 (recommended for publication); case activity (including briefs) The circuit court held that the filing of a municipal court citation against Kollross for OWI 1st tolled the three-year statute of limitation for a criminal charge based on the same incident. The court of appeals disagrees and orders… Read More

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State v. Carrie E. Counihan, 2017AP2265-CR, petition for review granted 5/14/19, and State v. Donavinn Coffee, 2017AP2292-CR, petition for review granted 5/14/19; case activity (Counihan; Coffee) Issues: Does a defendant forfeit his right to challenge a judge’s consideration of information at sentencing by failing to object to the information at the time of sentencing? If trial… Read More

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State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs). Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So… Read More

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In our ongoing effort to improve On Point, we have begun to edit the index of posts on our Archive page so that it is more user-friendly and easier for readers to find the elusive “Defense wins!” on specific issues. Chapter 51 is our guinea pig. Before, the Chapter 51 index on our Archive lumped… Read More

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State v. Sean R. Wolfe, 2018AP2268-CR and State v. Donald Ray Ward, 2018AP2405-CR, 5/1/19, District 2 (per curiam but recommended for publication); case activity here and here . ¶1  We hold that under established principles of finality, when a circuit court denies a RULE 809.30 postconviction motion in part and grants the motion in part such… Read More

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