State v. Daimon Von Jackson, Jr., 2019AP2383, petition for review of granted 3/21/22; dismissed as improvidently granted 5/8/23; case activity (including briefs) Issues (from Von Jackson’s PFR): 1. Whether a defendant is prejudiced when trial counsel does not communicate with him before his homicide trial. 2. Whether a defendant should be allowed to… Read more
A. Right to counsel
State v. Daimon Von Jackson, Jr., 2019AP2383, 12/29/21, District 2 (not recommended for publication) case activity (including briefs); petition for review of granted 3/21/22; dismissed as improvidently granted 5/8/23 Jackson admitted being involved in a planned robbery that ended in the shooting death of its target. He said–and eyewitness testimony and physical evidence corroborated–that he wasn’t… Read more
Nelson Garcia, Jr. v. Brian Foster, 20-CV-335 (E.D. Wis. 11/9/21). Garcia challenged his robbery conviction on two grounds. (1) He was denied his right to counsel at a post-arrest police line up. (2) He was denied his right to go pro se at trial. While habeas wins are rare, what’s most remarkable is how blatantly… Read more
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR) Was the circuit court’s ex parte voir dire and removal of a juror during trial… Read more
State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs) Issues: Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance? Whether Lee’s rights to due process, to counsel, and to a… Read more
State v. Richard Michael Arrington, 2021 WI App 32; review granted 9/14/21, reversed, 2022 WI 53; case activity (including briefs) Arrington was being held at the Brown County Jail for 1st-degree homicide when another inmate, Miller, began chatting with him about his case. Turns out Miller was a snitch for State. With the assistance of… Read more
State v. Nhia Lee, 2021 WI App 12, case activity (including briefs) This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days without counsel while… Read more
State v. Jerry A. Leister, 2020AP365-CR, District 4, 9/24/20 (1-judge opinion, ineligible for publication); case activity Leister, charged with intentional mistreatment of animals, wanted a lawyer but had trouble retaining one. After repeated adjournments, he wound up trying his case pro se in the absence of a colloquy to determine whether he knowingly, intelligently and… Read more
