State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was… Read more
a. Prejudice found
Amy W. v. David G., 2013 WI App 83; case activity David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be… Read more
State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13 (not recommended for publication); petition for review granted 11/20/13. Case activity. This case concerns a probation agent’s search of the defendant’s computers. Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own… Read more
seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009) A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an… Read more
seventh circuit decision Habeas Procedure – Appellate Jurisdiction Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction: … The district court’s February… Read more
State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.” ¶17 Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any… Read more
Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10 We disagree that counsel’s performance… Read more
State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12 court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity Counsel’s failure to impeach police officers, with their own reported statements, was deficient: ¶17 While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if… Read more
