Tony P. Rogers v. Jason Wells, Warden, No. 17-2903, 3/22/24 Although Rogers claims that his trial counsel was ineffective for not seeking records to impeach the credibility of his accuser in this sexual assault case, the Seventh Circuit court is unpersuaded that the high bar for habeas relief has been met and affirms the district… Read more
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March was a relatively quiet month and brought only a few cases with some relevance to our practice: United States of America v. Thomas Osadzinski., No. 22-3140: Long story short: Providing tech support to ISIS is not protected by the First Amendment. Osadzinski, a computer nerd obsessed with ISIS, made the poor choice to advertise… Read more
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more
State v. Iain A. Johnson, 2022AP389-CR, 4/2/24, District III (1-judge decision, ineligible for publication); case activity Although COA concedes this is a “close case,” it nevertheless concludes that the evidence satisfies the relatively low burden for reasonable suspicion to extend a traffic stop. This police contact began when they received a “driving complaint” about Johnson’s… Read more
Dane County Department of Human Services v. J.K., 2023AP1946-47, 3/28/24, District IV (one-judge decision; ineligible for publication); case activity In a TPR appeal presenting multiple issues, COA rejects all of J.K.’s arguments and affirms. Ineffective Assistance of Counsel In this case, the petitioner moved for summary judgment with respect to grounds, “arguing that there was… Read more
State v. Joan L. Stetzer, 2023AP874-CR, 3/27/24, District II (1-judge decision, ineligible for publication); case activity In a difficult case demonstrating the stringent nature of Wisconsin’s coercion defense, COA affirms the circuit court’s decision that the defense did not apply to Stetzer’s conduct, notwithstanding a medley of uniquely sympathetic facts. At a court trial for… Read more
Racine County v. C.B., 2023AP2018-FT, 3/20/24, District II (one-judge decision; ineligible for publication); case activity In a factually-specific appeal of a recommitment order, COA rejects all of C.B.’s arguments and affirms. “Banks” has been under a Chapter 51 order since 2015, following an NGI verdict in a criminal case in which he apparently fled from… Read more
State v. Allan Nathan Carroll, Jr. A/K/A/ U’si Ch-ab, 2023AP870, 3/20/24, District 2 (one-judge appeal; ineligible for publication); case activity Carroll, Jr., a.k.a. Ch-ab, pro se, appeals a jury verdict convicting him of resisting or obstructing an officer. Ch-ab raises two claims on appeal: (1) that his constitutional rights were violated during a traffic stop… Read more
