Follow Us

Facebooktwitterrss
≡ Menu

State v. Mitchell D. Green, 2021AP267-CR, petition for review of an unpublished COA opinion granted 6/22/22; case activity (including briefs)

Question presented (from the State’s PFR):

Did the circuit court erroneously exercise its discretion when it concluded that there was a manifest necessity for a mistrial after Green introduced unnoticed third-party perpetrator evidence at trial via the testimony of a witness who claimed to have committed the crime but was unrepresented by counsel?

[continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }

State v. John Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs)

Question Presented (from petition):

Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in choosing a defense and handling cross-examination of a witness, and it deferred to the attorney’s strategy. But the court of appeals substituted its own decisions for those of Mull’s trial attorney. Did the court of appeals impermissibly fail to defer to Mull’s attorney’s strategic decisions?

[continue reading…]

Facebooktwitterlinkedinmail
{ 1 comment }

State v. Percy Antione Robinson, 2020AP1728-CR, certification granted 5/18/22; case activity (including briefs)

Question presented:

The 4th Amendment requires that a judicial officer determine probable within 48 hours of a warrantless arrest. County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991). Milwaukee County complies with this mandate by having the judicial officer review a sworn affidavit from law enforcement and set initial bail. This procedure does not require the accused to appear in person. The judicial officer simply conducts a paper review and completes a CR-215 form. Does this procedure trigger the accused’s right to counsel?

[continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }

State v. Garland Dean Barnes, 202AP226-CR, petition for review of a per curiam opinion granted 4/15/22; case activity (including briefs)

Questions Presented:

Can a defendant open the door to testimonial hearsay violating his confrontation rights, and which was excluded based on an egregious discovery violation, by challenging the quality of the police investigation?

Can the claim that a non-testifying officer witnessed the defendant commit the crime be admitted over hearsay objections under the theory that it is admissible to show the course of investigation, not for the truth of the matter asserted?

[continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }

State v. Charles W. Richey, petition to review a per curiam opinion granted 4/13/22; case activity (including briefs)

Question presented:

Whether, at the time of the stop, Officer Meier only had a generalized hunch that Richey’s motorcycle may have been the one that committed a traffic violation.

[continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }

State v. Robert K. Nietzold, Sr., 2021AP21-CR, petition for review of an unpublished court of appeals decision granted 4/13/22; case activity (including briefs and PFR)

Issue presented (composed by On Point based on the state’s PFR)

Was the state’s breach of its plea agreement with Nietzold remedied by the prosecutor’s withdrawal of the erroneous recommendation and restatement of the correct recommendation? [continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }

State v. Jeffrey L. Hineman, 202AP226-CR, petition for review of a per curiam opinion granted 4/13/22; case activity (including briefs)

Issues (from the State’s petition for review)

1. In cases involving credibility contests between a complaining witness (here, S.S.) and the defendant (Hineman), to what extent can a reviewing court reweigh the witnesses’ credibility in assessing whether, based on omitted evidence, there was a reasonable likelihood of a different result under the Brady materiality or Strickland prejudice standards?

2. The court of appeals also reached an abandoned Shiffra/Green issue and ordered in camera review of S.S.’s therapy files from his private therapist because the therapist acted as a mandatory reporter. [continue reading…]

Facebooktwitterlinkedinmail
{ 1 comment }

State v. Daimon Von Jackson, Jr., 2019AP2383, petition for review of granted 3/21/22;  case activity (including briefs)

Issues (from Von Jackson’s PFR):

1.    Whether a defendant is prejudiced when trial counsel does not communicate with him before his homicide trial.

2.    Whether a defendant should be allowed to obtain new counsel when his current counsel is deficient.

[continue reading…]

Facebooktwitterlinkedinmail
{ 0 comments }