State v. Lamont Donnell Sholar, 2016AP987, petition for review granted 10/17/17; case activity (including briefs) Issues (composed by On Point) 1. When assessing the prejudice of defense counsel’s deficient performance in a multiple-count jury trial, may a court divide the prejudice analysis on a count-by-count basis, finding prejudice warranting relief on some counts from the… Read more
K. Standards of Review
State v. Anthony R. Pico, 2015AP1799-CR, petition for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point): 1. Did the Court of Appeals apply the proper standard of review to the trial court’s findings of fact regarding trial counsel’s conduct and strategy? 2. Did trial counsel perform deficiently by failing to investigate Pico’s serious… Read more
State v. David McAlister, Sr., 2014AP2561, petition granted 9/11/17; affirmed 4/18/18; case activity (including briefs) Issues (copied from petition for review) 1. The central issue at trial was whether McAlister participated in the charged robberies. The state’s evidence on that point consisted entirely of the allegations of two confessed participants seeking to mitigate the consequences of their own… Read more
State v. Marnie L. Coutino, 2016AP2386-CR, 7/19/2017, District 2 (one-judge decision; ineligible for pubication); case activity (including briefs) Marnie Coutino seeks resentencing on the ground that the trial court erroneously exercised its discretion when it imposed a 30-day jail sentence without considering whether probation was appropriate. The court did not refer to probation during its… Read more
State v. K.P., 2017AP612 & 613, 7/11/2017 (one-judge decision, ineligible for publication); case activity K.P. appeals the termination of his parental rights to his two children. He argues that the circuit court erred in striking his contest posture and finding him unfit after he failed to show up for the scheduled jury trial on his… Read more
State v. Jesse Steven Poehlman, 2016AP1074, 7/5/17, District 1 (not recommended for publication); case activity (including briefs) The state charged Poehlman with various counts relating to two alleged incidents of sexual assault and battery of his wife–one in December 2014 and one in February 2015. The jury acquitted as to the earlier incident and convicted… Read more
State v. Joseph T. Langlois, 2017 WI App 44, petition for review granted 12/13/17, affirmed, 2018 WI 73; case activity (including briefs) We all know that an appellate court determines the accuracy of a trial court’s jury instructions by reviewing them as a whole, not in isolation. State v. Pettit, 171 Wis. 2d 627, 637-638, 492… Read more
State v. Matthew Ray Taylor, 2016AP682-CR, District 1, 6/27/17 (not recommended for publication); case activity (including briefs) Taylor argues he should get a new trial based on newly discovered evidence and ineffective assistance of counsel. The court of appeals rejects his claims. Contreres, Bachman, and McClendon met up with two men to try to buy… Read more