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8. Counsel, 6th Am.

State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI. A West Allis police officer stopped Peter Idell for driving a… Read more

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State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims… Read more

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State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s… Read more

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State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial.  Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which… Read more

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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

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State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to 10 years of initial confinement for repeated sexual assault of a child because the State breached its… Read more

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David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following: Question presented: Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s… Read more

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Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25 The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement.  Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge… Read more

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