On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases: State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person) State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel) State… Read more
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State v. Decarlos K. Chambers, 2019AP411-CR, 2021 WI 13, 2/23/21, affirming a per curiam court of appeals opinion, case activity (including briefs) SCOTUS recently held that when a client expressly asserts that he wants to maintain his innocence, defense counsel cannot override that objective and concede guilt. If counsel does, a structural error occurs, and… Read more
State v. Marshun Dante Jackson, 2019AP2091, 2/17/21, District 3 (not recommended for publication); case activity (including briefs) Jackson pleaded to being part of a conspiracy to commit fraud (passing bad checks) against a bank in Dunn County. Then he was charged in St. Croix county with committing fraud against a bank there (initially this was… Read more
State v. Michael A. Rakel, 2017AP2519, 2/17/21, District 1 (not recommended for publication); case activity (including briefs) Michael Rakel was convicted of the 1st degree reckless homicide of Andre Taylor, who had a teenage daughter. Taylor was under a court order to pay child support to her. The court of appeals held that Rakel must… Read more
State v. James A. Jones, 2021 WI App 15; case activity (including briefs) Sometimes friends or relatives post bail so that a loved one charged with a crime can be released. This published decision holds that when charges are dismissed and read in at sentencing, and the court doesn’t order restitution on those charges, the bond… Read more
The Wisconsin State Bar has issued a new ethics opinion on working remotely, which we’ve all been doing to some degree during the pandemic. Practicing law from home or a location outside Wisconsin implicates several ethical duties–for example, the duty to maintain the confidentiality of client information and duty to supervise staff and junior lawyers… Read more
State v. Alfonso C. Loayza, 2021 WI 11, 2/11/21, reversing a per curiam decision of the court of appeals; case activity (including briefs) The supreme court unanimously holds that the state proved by a preponderance of the evidence that Loayza was convicted of OWI in California in 1990, making his current Wisconsin offense a eighth… Read more
State v. Omar S. Coria-Granados, 2019AP1989-CR, District 4, 2/11/21 (not recommended for publication); case activity (including briefs) In this child sexual assault the circuit court denied the state’s motions to admit other-acts evidence under § 904.04(2) and to allow the use of an audiovisual statement of a complainant under § 908.08. In a long (39… Read more
