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D. Ineffective Assistance

State v. Theophilous Ruffin, 2022 WI 34, reversing an unpublished court of appeals decision; case activity (including briefs) This case doesn’t break new ground or develop existing law. Instead, it reverses the court of appeals for not applying the standard a circuit applies when deciding whether to hold an evidentiary hearing on a postconviction motion… Read more

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State v. John Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in choosing… Read more

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State v. Eric Trygve Kothbauer, 2020AP1406-CR, District 3, 5/3/22 (one-judge decision; ineligible for publication); case activity (including briefs) Kothbauer challenges his trial lawyer’s representation in a prosecution for operating while intoxicated and with a prohibited alcohol concentration. The court of appeals holds trial counsel wasn’t deficient or, even if he was, the deficiency wasn’t prejudicial… Read more

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State v. Hajji Y. McReynolds, 2022 WI App 25; case activity (including briefs) This decision addresses: 1) the propriety of successive postconviction motions; 2) a claim that trial counsel was ineffective for failing to object to testimony vouching for the credibility of another witness and to improper character evidence; and 3) the novel issue of… Read more

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State v. Jeffrey L. Hineman, 202AP226-CR, petition for review of a per curiam opinion granted 4/13/22; case activity (including briefs) Issues (from the State’s petition for review) 1. In cases involving credibility contests between a complaining witness (here, S.S.) and the defendant (Hineman), to what extent can a reviewing court reweigh the witnesses’ credibility in… Read more

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State v. Daimon Von Jackson, Jr., 2019AP2383, petition for review of granted 3/21/22;  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 obtain new counsel when his… Read more

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State v. Michael Nelson, 2021AP1133-CR, 3/9/22, District 2 (1-judge opinion, ineligible for publication); case activity Nelson, who values his right to bear arms, pled guilty to several crimes, including disorderly conduct and domestic violence.  As a condition of his probation, he was barred from possessing firearms. Postconviction, he claimed that his trial lawyer incorrectly advised… Read more

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State v. Shane Allan Stroik, 2022 WI App 11; case activity (including briefs) A jury convicted Stroik of the sexual assault of a then-five-year old girl, “Amy,” the daughter of his girlfriend. Postconviction, Stroik brought a slew of claims for a new trial; the circuit court rejected them all. The court of appeals now holds… Read more

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