Jackson County Dept. of Health & Human Services v. A.M.N., 2024AP1166, 7/10/25, District IV (ineligible for publication); case activity COA finds counsel’s performance deficient for failing to timely file affidavits opposing Jackson County’s motion for partial summary judgment regarding its petition to terminate A.M.N.’s parental rights. But A.M.N. was not prejudiced because there is no… Read more
D. Ineffective Assistance
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
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
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
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
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
State v. Donaven C. Sprague, 2022AP876-CR, 5/20/25, District III (not recommended for publication), case activity In the second defense win this week on appeal from a Barron County conviction (see Wooldridge), the COA vacated Donaven Sprague’s sentence to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
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
