State v. Ricardo L. Conception, 2016AP1282-CR, 3/28, District 2 (not recommended for publication); case activity (including briefs) Concepcion pled to 10 counts of possession of child pornography. The court of appeals affirmed the denial of his suppression motion because the search of his home was a private-party search, not a government search. It also held… Read more
8. Counsel, 6th Am.
State v. Daniel Wilson, 2017AP813-CR, 3/27/18, District 1 (not recommended for publication); case activity (including briefs) This appeal raises, among others things, a novel issue specific to child sexual assault cases. Is the State actually required to prove the 2nd element of repeated child sexual assault–that at least 3 assaults took place “within a specified… Read more
The latest edition of the Volokh Conspiracy analyzes a recent 12-4 en banc decision by the 6th Circuit decision in which the majority answers the question above “no” based on current precedent. However, a “concurrence dubitante” argues that this conflicts with The Founders’ intent when they drafted the 6th Amendment. Another concurring opinion calls on SCOTUS… Read more
State v. Dakota R. Black, 2017AP837, 3/22/18, District 4 (not recommended for publication); case activity (including briefs) A jury convicted Black of the homicide of B.A.T., a five-year-old child in his care; the child was bruised and died of subdural hemorrhages. Black defended on the theory that the child’s injuries came in a fall, either… Read more
State v. Gary Lee Wayerski, 2015AP1083-CR, petition for review of unpublished court of appeals opinion granted 3/13/18; case activity (including briefs) Issues (composed by On Point): Whether trial counsel was ineffective where he did not ask the testifying defendant about the purported confession he gave to a jailhouse snitch, and defendant would have denied the… Read more
State v. Terrance Lavone Egerson, 2016AP1045-CR, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) Egerson moved to withdraw his pleas, alleging his trial lawyer was ineffective for failing to challenge the domestic abuse repeater enhancers appended to the charges Egerson faced. According to Egerson, those enhancers never applied, so he was overcharged and… Read more
State v. Lee Vang, 2017AP75-77-CR, District 1, 2/20/18,(not recommended for publication); case activity (including briefs) Vang argued that his trial was ineffective in failing to object to (1) a police officer’s hearsay testimony about the victim’s statements to him; (2) his own testimony on direct about participating in an illegal street race for money; and (3)… Read more
State v. Orlando Lloyd Cotton, 2016AP2211-CR, District 1, 2/13/18 (not recommended for publication); case activity (including briefs) Cotton was convicted of being party to the crime of possession of cocaine and marijuana with intent to deliver and keeping a drug house. He unsuccessfully argues the evidence wasn’t sufficient to convict him and that his trial… Read more
