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9. Ineffective assist. of counsel

State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs) In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1). At trial, Minnema’s defense… Read more

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Question presented: Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel’s ineffectiveness, as held by four circuits and five state courts of last resort; or whether prejudice is presumed in such cases, as held by four other circuits… Read more


How to beat the “harmless error” rap

For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal.  They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless.  This detailed, well-researched outline walks you… Read more


State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… Read more