State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately… Read more
14. Ineffective assistance of counsel
William Thomas Hudson, III v. Sue DeHaan, 7th Circuit Court of Appeals No. 23-2395, 2/11/25 Hudson was tried and convicted of conspiracy to commit first degree intentional homicide and of conspiracy to commit arson. After his convictions were affirmed on his direct appeal, Hudson filed a 974.06 postconviction motion alleging that his trial counsel was… Read more
Kenosha County DC&FS v. K.E.H., 2024AP1101, 2/26/25, District II (1-judge decision, ineligible for publication); case activity In a dense and fact-dependent appeal stemming from a TPR jury trial, COA applies strict legal standards in order to reject the appellant’s multiple claims of ineffectiveness. Trial Counsel’s Alleged Lack of Preparation “Kara’s” primary deficient performance argument is… Read more
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing… Read more
Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms. A.M.S. challenges order terminating her parental rights to four children following an adverse… Read more
State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims. Molde was prosecuted for first-degree sexual assault of… Read more
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit… Read more
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights. In this TPR action involving multiple children, the County alleged only one ground–continuing CHIPS… Read more
