State v. Morris L. Harris, 2009AP2759-CR, District 1, 11/2/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Guilty Plea – Withdrawal – Presentence The trial court properly applied the “fair and just reason” standard to Harris’s presentencing motion to withdraw guilty plea, ¶¶5-9. The particular grounds asserted… Read more
B. Exculpatory evidence
State v. Melvin G. Walton, No. 2009AP001304-CR, District I, 6/22/10 court of appeals decision (3-judge, not recommended for publication); for Walton: Byron C. Lichstein; BiC; Resp.; Reply Prosecutorial Failure to Disclose Evidence ¶28 The State has two separate evidence-disclosure responsibilities: a statutory responsibility imposed by WIS. STAT. § 971.23 and a constitutional responsibility… Read more
State v. Kyle Lee Huggett, 2010 WI App 69; for Huggett: Craig A. Mastantuono; BiC; Resp; Reply The State forfeited a potential appellate argument by conceding it in the trial court, in response to Huggett’s postconviction motion, ¶14. Unmentioned by the court: the State is the appellant. Why does that matter? Because the general rule is… Read more
court of appeals decision (3-judge; not recommended for publication); Resp. Br; Reply Br Exculpatory Material Defense had access to assertedly suppressed exculpatory material, hence no Brady violation. Effective Assistance Counsel had valid tactical reason for cross-examination approach; failure to file discovery demand, object to certain testimony: “The defendant must affirmatively prove prejudice. … Walker has not even attempted… Read more
