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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 […]

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 […]

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 […]

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 […]

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.

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