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SCOW will address confrontation, harmlessness, and corroboration rule

State v. Oscar C. Thomas, 2020AP32, petition for review of a published decision granted 1/11/2022; case activity (including briefs) Issues presented (from the petition): Whether the Court of Appeals applied the wrong standard in determining that admission of DNA evidence in violation of [Thomas’s] right of Confrontation was harmless? Whether the Court of Appeals erred […]

January 14, 2022

SCOW will address denying ineffective assistance counsel claims without a hearing

State v.  Larry Jackson, 2020AP2119-CR, petition for review of a per curiam opinion granted   1/11/22; case activity (including briefs) Issue (derived from Jackson’s petition for review): When a defendant claims ineffective assistance of counsel based on his trial lawyer’s failure to investigate alibi witnesses, and the State responds that these witnesses have credibility issues, may […]

Admission of damaging hearsay a recommitment trial wasn’t plain error

Rock County v. H.V., 2021AP1760-FT, 1/13/22, District 4 (1-judge opinion, ineligible for publication); case activity This appeal concerns a recurring problem in Chapter 51 cases: the lack of objection to damaging hearsay at the final hearing. If the appellate lawyer raises ineffective assistance of counsel in the circuit court, the case will become moot before […]

CTA7 cancels in person arguments through March 25th

The 7th Circuit has extended its prior order that canceled in-person arguments and required them to be argued by video or phone.  Here is the new order

Defense win! DA’s closing argument violated the 5th Amendment

State v. Tomas Jaymitchell Hoyle, 2020AP1876-CR, 1/11/22, District 3 (recommended for publication); case activity (including briefs) Hoyle chose to remain silent at his trial for child sexual assault. During closing arguments, the DA repeatedly argued that the testimony from “Hannah” (the alleged victim) was “uncontroverted” and the jury “heard no evidence disputing her account of […]

January 12, 2022

COA: lawyer’s failure to communicate in homicide case wasn’t IAC; trial court didn’t err in preventing client from firing him

State v. Daimon Von Jackson, Jr., 2019AP2383, 12/29/21, District 2 (not recommended for publication) case activity (including briefs) Jackson admitted being involved in a planned robbery that ended in the shooting death of its target. He said–and eyewitness testimony and physical evidence corroborated–that he wasn’t the shooter; instead he said he was the lookout. The […]

January 6, 2022

Credit where credit is due….lack of a credit petition to DOC notwithstanding to the contrary

State v. Tanya M. Liedke, 2020AP33-CR, Distirct 2, 12/29/21 (not recommended for publication); case activity (including briefs) The circuit court correctly concluded that Liedke wasn’t in custody for sentence credit purposes while she was on GPS monitoring in connection with the case on which she was sentenced. But she’s entitled to some credit for other […]

January 5, 2022

Evidence supported verdict finding continuing CHIPS ground at TPR trial

Douglas County DHHS v. J.S., 2021AP1123, District 3, 12/29/21 (one-judge decision; ineligible for publication); case activity The court of appeals rejects J.S.’s claim that the County didn’t prove it made a reasonable effort to provide her with the services she was ordered in the CHIPS proceeding to use as a condition for returning her child […]

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