Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10 court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health &… Read more
c. Interests of justice
State v. Dimitri Henley, 2010 WI 97, on certification; prior history: unpublished decision; related: disqualification litigation; for Henley: Keith A. Findley, John A. Pray, Byron Lichstein; Amicus: SPD “Wisconsin circuit courts do not have the inherent authority to order a new trial in the interest of justice when a case is not before the court… Read more
decision below: unpublished (2009AP118); for Burns: David R. Karpe Issue: Is the Appellant entitled to a new trial in the interests of justice where (a) the circuit court banned the Appellant from presenting evidence that the victim’s post-assaultive behavior and loss of virginity was due to her having been sexually assaulted by her grandfather rather… Read more
State v. Clifford D. Bvocik, 2010 WI App 49; for Bvocik: James C. Murray Prosecutorial Misconduct – Closing Argument Improper prosecutorial closing argument—encouraging jury to draw false inference—requires new trial in interest of justice; State v. Robert H. Weiss, Jr., 2008 WI App 72, controlling: ¶1 State v. Weiss, 2008 WI App 72, ¶¶15-17, 312 Wis… Read more
court of appeals decision; for Jeffrey A.W.: Hans P. Koesser Resp Br; Reply Counsel – Adequacy of Investigation Attempt to demonstrate absence of herpes in defendant—an issue central to this sexual assault prosecution—was, although failure, not product of deficient performance, ¶12: There is no question that trial counsel’s investigation yielded the wrong information. But that… Read more
State v. Jeffrey A.W., 2010 WI App 29; for Jeffrey A.W.: Hans P. Koesser Adequacy of Counsel Investigation Counsel’s attempt to demonstrate the absence of herpes in the defendant—an issue central to this sexual assault prosecution—was, although a failure, not the product of deficient performance. ¶12 There is no question that trial counsel’s investigation yielded… Read more
State v. Ralph D. Armstrong, 2005 WI 119, reversing unpublished decision For Armstrong: Jerome Buting; Barry Scheck Issue/Holding: Supreme court has both statutory and inherent authority to order new trial in the interest of justice, even on collateral review (as opposed to direct appeal), ¶¶119-24. (State v. Allen, 159 Wis. 2d 53, 464 N.W.2d 426… Read more
