State v. Joseph L. Slater, 2021 WI App 88; case activity (including briefs) Slater had a prison sentence imposed and then stayed in favor of probation. While on probation, he was arrested on three new charges. The department of corrections revoked his probation pretty quickly, but he didn’t get sent to prison: instead, he remained… Read more
29. Postconv. Motions
State v. M.T.W., 2021AP420-FT, District 2, 8/11/21 (one-judge decision; ineligible for publication); case activity Information that goes to a witness’s character for truthfulness doesn’t meet the standard under § 48.46(1) for newly discovered evidence that warrants a new trial. At the trial in a CHIPS proceeding relating to M.T.W.’s child, a witness named Polewczynski testified… Read more
State v. Alijouwon T. Watkins, 2019AP1996-CR, 5/27/21, District 4 (recommended for publication); case activity (including briefs) The state charged Watkins with several crimes stemming from a domestic violence call: these included escape and battery to one of the police officers who arrested him. While Watkins was in jail, the state charged him with three more… Read more
State v. War Nakula-Reginald Marion, 2019AP2206-CR & 2019AP2207-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); case activity (including briefs) Marion was given maximum consecutive sentences on multiple misdemeanor convictions, all consecutive to the reconfinement ordered after his ES in a prior case was revoked due to the new convictions. Appointed postconviction counsel filed a… Read more
State v. Gregory F. Atwater, 2021 WI App 16; case activity (including briefs) The circuit court denied Atwater’s request to have trial counsel testify at a Machner hearing by telephone rather than in person, as trial counsel had moved out of state and returning to testify would be onerous and logistically difficult. The court then… Read more
State v. Cesar Antonio Lira, 2019AO691-CR, petition for review granted 1/20/21; case activity Issues presented (from the State’s PFR): 1. Under §973.155, a convicted offender is entitled to sentence credit for “all days spent in custody in connection with the course of conduct for which sentence was imposed.” And §973.15(5) provides that an offender lawfully… Read more
State v. Antonio L. Simmons, 2018AP591-CR, District 1, 7/21/20 (not recommended for publication); case activity (including briefs) Twenty years ago Simmons was convicted of three counts of recklessly endangering safety for shooting into a car carrying three people, one of whom Simmons had been fighting with in a bar shortly before the shooting. The court… Read more
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
