State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements… Read more
1. Objection requirement
Adams County v. D.R.D., 2020AP1426, 1/28/21, District 4; case activity This appeal posed a simple question about due process in a Chapter 51 commitment proceeding. Lessard v. Schmidt, 349 F. Supp. 1078 (E.D. Wis. 1972) held that the 14th Amendment requires the county to give a person sufficient notice of the legal standard under which… Read more
State v. Benjamin J. Klapps, 2021 WI App 5; case activity (including briefs) The circuit court granted the state’s petition to revoke Klapps’s conditional release under § 971.17(3)(e), citing in particular the report of a prior examiner who didn’t testify at the revocation hearing and whose report wasn’t entered into evidence. (¶¶2-13). Klapps argued the… Read more
State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; reversed 1/20/21; case activity Issues (from the State’s petition for review): 1. Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence? 2. Did the circuit… Read more
State v. Kieuta Z, Perry, 2019AP270-CR, 5/12/20, District 1, (not recommended for publication); case activity (including briefs) The State charged Perry with armed robbery and 1st degree recklessly endangering safety with use of a dangerous weapon both as a party to a crime, along with possession of a firearm by a felon. During cross-exam a… Read more
Holguin-Hernadez v. United States, USSC 18-7739, vacating and remanding a per curiam 5th Circuit Court of Appeals opinion; SCOTUSblog page (includes links to briefs and commentary). At Holguin-Hernandez’s revocation hearing, his counsel argued for a specific sentence–either nothing or less than 12 months. The government pushed for 12-18 months. After the district court chose 12 months… Read more
Iron County DHS v. N.H.-D., 2019AP1520, District 3, 2/12/20 (one-judge decision; ineligible for publication); case activity N.H.-D.’s claims that the termination of her parental rights violated various due process rights, but those claims are forfeited and undeveloped. Her claim of ineffective assistance of trial counsel is meritless. N.H.-D. makes three claims that her due process… Read more
State v. Carrie E. Counihan, 2020 WI 12, 2/13/20 modifying and affirming an unpublished court of appeals decision, 2017AP2265; case activity (including briefs) This case is the companion to State v. Coffee, which, though argued on the same day, came out a few weeks earlier and failed, in particularly confusing fashion, to announce any binding… Read more
