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SCOW to review deference owed to trial counsel’s strategic decisions
State v. John Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in choosing […]
- 1. Deficient performance
- A. Cert Grants
- D. Ineffective Assistance
- 8. Counsel, 6th Am.
- OT '21 grants
- 44. SCOTUS
- Pending in SCOW
- Important Posts
May 20, 2022
SCOW (again) takes up when the right to counsel attaches
State v. Percy Antione Robinson, 2020AP1728-CR, certification granted 5/18/22; case activity (including briefs) Question presented: The 4th Amendment requires that a judicial officer determine probable within 48 hours of a warrantless arrest. County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991). Milwaukee County complies with this mandate by having the judicial officer review a […]
Pro se defense win! New trial ordered due to improper amendment of charge
County of Milwaukee v. Roosevelt Cooper, Jr., 2021AP1224, 5/17/21, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Cooper wins a new trial because the trial court improperly amended the charge against him and denied him an opportunity to present evidence regarding the amended charge. Cooper was also denied the opportunity to cross-examine […]
May 18, 2022
SCOW U-turns, eliminates automatic stay for involuntary medication orders
State v. Green, 2022 WI 30, 5/13/22, limiting in part and affirming in part, a published court of appeals decision; case activity (including briefs) Section 971.14(5)(a)1 provides that a defendant’s commitment for treatment to competency cannot exceed 12 months or his maximum sentence, whichever is less. So the State argued that if a defendant appeals […]
- B. Opinions
- C. Involuntary medication
- 4. Competency of defendant
- 2021-22 Term
- 45. WI Supreme Court
- Important Posts
May 16, 2022
COA upholds waiver of juvenile into adult court
State v. D.J.L., 2021AP436, 5/10/22, District 3 (1-judge opinion ineligible for publication); case activity The State charged 17-year-old “David” with exposing himself to two girls (5 and 9) and sexually assaulting the older one. On appeal, he challenged the circuit court’s decision to waive him into adult court. The court of appeals held that the […]
- 2. Waiver and reverse waiver
- B. Delinquency proceedings
- C. Unpublished Opinions
- 26. Juvenile proceedings
- 46. WI Court of Appeals
May 12, 2022
Blue light over rear license plate provided reasonable suspicion for traffic stop
State v. Joshua John Hansen, 2021AP1006 & 2021AP1620-CR, District 4, 5/5/22 (one-judge decision; ineligible for publication); case activity (including briefs) A blue light illuminating the rear license plate is an apparent equipment violation and thus justified the stop of Hansen’s car. Once stopped, the officer had reasonable suspicion to extend the stop to investigate whether […]
- 1. Stops, in general
- 2. Traffic stops
- c. Duration
- C. Unpublished Opinions
- G. Reasonable suspicion
- 35. Search & Seizure
- 46. WI Court of Appeals
May 7, 2022
Statute permitting closed circuit audiovisual testimony of a child is still constitutional
State v. Ryan L. Bessert, 2021AP1062-CR, District 3, 5/3/22 (not recommended for publication); case activity (including briefs) The circuit court properly applied § 972.11(2m)(a) under the circumstances of this case when allowing the complaining child witness to testify via closed circuit television, so Bessert’s right to confrontation was not violated. In addition, assuming without deciding […]
Counsel wasn’t ineffective in OWI/PAC prosecution
State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial.
- 1. Deficient performance
- 2. Traffic stops
- 2. Prejudice
- b. Not found
- b. Prejudice not found
- 3. Frisks
- C. Unpublished Opinions
- D. Ineffective Assistance
- D. Search incident to arrest
- 4. Probable cause to arrest
- e. OWI
- G. Reasonable suspicion
- 8. Counsel, 6th Am.
- h. Scope
- 35. Search & Seizure
- 46. WI Court of Appeals
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