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4. Litigating IAC

State v. Theophilous Ruffin, 2022 WI 34, reversing an unpublished court of appeals decision; case activity (including briefs) This case doesn’t break new ground or develop existing law.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. 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.  Larry Jackson, 2020AP2119-CR, petition for review of a per curiam opinion granted   1/11/22; case activity (including briefs) Issue (derived from Jackson’s petition for review): When a defendant claims ineffective assistance of counsel based on his trial lawyer’s failure to investigate alibi witnesses, and the State responds that these witnesses have credibility issues, may… Read more

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Is State v. Machner unconstitutional? Part 2

We have a new development to report.  Recall that in 2015, Federal Defender Shelley Fite wrote an excellent guest post about a 7th Circuit decision, Pidgeon v. Smith, 785 F.3d 1165 (2015).  The 7th Circuit held that Machner‘s requirement–that a defendant claiming ineffective assistance of counsel must present his lawyer’s testimony at an evidentiary hearing–is… Read more

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State v. Theophilous Ruffin, 2019AP1046-CR, petition for review of an unpublished court of appeals decision granted 9/17/21; case activity (including briefs) Issue presented (from the State’s PFR) Is Ruffin entitled to an evidentiary hearing based on his postconviction allegation that his trial counsel was deficient for not pursuing a theory of self-defense? This is essentially… Read more

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State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs) Issues presented (composed by On Point from the PFR and cross PFR)  Was the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

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State v. Savage, 2020 WI 93, 12/23/20, reversing a court of appeals opinion; case activity (including briefs). Savage, who was homeless, claimed he received ineffective assistance of counsel when his lawyer failed to advise him that he had a defense under State v. Dinkins, 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787 before… Read more

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State ex rel. Milton Eugene Warren v. Michael Meisner, 2020 WI 55, 6/11/20, reversing and remanding an unpublished order of the court of appeals, 2019AP567; case activity (including briefs) Seven years ago, the supreme court decided State v. Starks, 2013 WI 69, 349 Wis. 2d 274, 833 N.W.2d 146. That opinion contained a couple of… Read more

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