State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: The agent’s use of a prior PSI during the interview of defendant for the current case did not trigger any additional right to counsel: ¶10 Thexton further argues that his right to counsel was violated because he was unable to consult… Read more
8. Counsel, 6th Am.
State v. Jennifer Wery, 2007 WI App 169 For Wery: Elizabeth Ewald-Herrick Issue/Holding: ¶17 Wery’s counsel’s failure to object did not constitute deficient performance. Deficient performance is limited to situations where the law or duty is clear such that reasonable counsel should know enough to raise the issue. State v. McMahon, 186 Wis. 2d 68, 85… Read more
State ex rel. Clayborn L. Walker v. Frank, 2007 WI App 142, PFR filed 6/1/07 For Walker: Amelia L. Bizzaro Issue: Whether counsel deficiently advised Walker to waive ES revocation, in that counsel determined that investigation of alternatives to revocation would be futile. Holding: ¶14 Dudley’s decision to advise Walker to waive the revocation hearing… Read more
State v. Dwight Glen Jones, 2007 WI App 248 For Jones: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶13 Although an indigent defendant does not have the right to pick his or her trial lawyer, Mulkovich v. State, 73 Wis. 2d 464, 474, 243 N.W.2d 198, 203–204 (1976) (“This court has frequently said that, except in… Read more
State v. Juan F. Milanes, 2006 WI App 259, PFR filed 12/7/06For Milanes: Joan M. Boyd Issue/Holding: ¶21 … Further, appellate counsel cited an unpublished case in her opening brief, contrary to Wis. Stat. Rule 809.23(3). This does not appear to be inadvertent, since the citation ends with the parenthetical “(unpublished).” Our supreme court has… Read more
State ex rel. Luis Santana v. Endicott, 2006 WI App 13 Issue/Holding1: A claim that lapsed direct appeal rights should be restored on the basis of ineffective assistance of counsel must be sought via habeas filed in the court of appeals, pursuant to State v. Knight, 168 Wis. 2d 509, 484 N.W.2d 540 (1992): ¶1 … Read more
State ex rel. Perry Van Hout v. Endicott, 2006 WI App 196, PFR filed 10/11/06 For Van Hout: Robert R. Henak Issue: Whether Van Hout waived his right to appellate counsel where he rejected counsel’s offer of a no-merit report and then, after having been warned of the dangers of proceeding pro se, chose neither… Read more
State v. Christopher M. Medina, 2006 WI App 76 For Medina: Daniel P. Ryan Issue/Holding: A claim that the prosecutor represented the defendant in a prior case may be raised in a pretrial motion to disqualify the prosecutor, which requires a showing that “the subject matter of the two representations are ‘substantially related,’” ¶15, quoting State v. Tkacz, 2002… Read more
