by admin
on April 5, 2017
State v. Terrence L. Perkins, 2016AP1427-CR,4/4/17, District 3, (1-judge opinion, ineligible for publication); case activity (including briefs)
At Perkins’ suppression hearing, Officer Stetzer testified that he saw Perkins drive through a stop sign and part way through a cross walk into the middle of an intersection where he then backed up to allow a car to pass before proceeding. The squad car video did not capture Perkins’ stop sign violation; it only recorded him backing up. Perkins argued that the position of the squad car would have prevented the officer from seeing whether he complied with the stop sign before proceeding into the intersection. He thus argued that Stetzer lacked reasonable suspicion to stop him. [continue reading…]
{ }
by admin
on April 4, 2017
State v. David L. Johnson, 2015AP2605-CR, 4/4/17, District 1 (not recommended for publication); case activity (including briefs)
A jury found Johnson guilty of aggravated battery and false imprisonment but acquitted him of sexual assault and strangulation. The court imposed 2 consecutive 6-year sentences. Johnson appealed and argued that the postconviction court erred in denying his claim for ineffective assistance of trial counsel without a hearing, imposing a DNA surcharge in violation of the ex post facto clause, and in denying resentencing. [continue reading…]
{ }
by admin
on April 2, 2017
Barron County DHHS v. M. B.-T., 2016AP1381/1382/1383, 3/31/17, District 3 (one-judge decision; ineligible for publication); case activity
M. B.-T. was personally served with a TPR petition and summons and appeared as directed at the initial appearance on the petition. He didn’t enter a plea at the hearing because he told the circuit court he wanted have a lawyer appointed. He also agreed on the record to return for an adjourned initial appearance in about 3 weeks. He didn’t return, though, and no lawyer appeared for him, either, so the court granted the County’s motion for a default judgment. (¶¶2-5). The court of appeals rejects his challenges to the default judgment. [continue reading…]
{ }
by admin
on April 1, 2017
State v. Jeffrey P. Lepsch, 2017 WI 27, 3/31/17, affirming a per curiam court of appeals opinion, case activity (including briefs)
This appeal primarily concerns whether trial counsel was ineffective for failing to: (a) object to the seating of biased jurors, and (b) ensure that the trial court properly administered the oath to the venire panel in Lepsch’s presence. SCOW holds that none of Lepsch’s jurors were biased, and the venire panel was properly sworn. Thus, no ineffective assistance of counsel occurred. Justice Abrahamson’s concurrence acknowledges Wisconsin law governing juror bias appears inconsistent both internally and with federal case law and strives to harmonize it for the bench and the bar. [continue reading…]
{ }
by admin
on March 31, 2017
State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs)
Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better, their win was affirmed on appeal! [continue reading…]
{ }
by admin
on March 30, 2017
Kenosha County DHS v. C.D.K., 2015AP2179, 3/30/17, District 2 (one-judge decision; ineligible for publication); case activity
C.D.K. entered a plea to grounds for termination of her parental rights, and eventually, they were terminated. She claims on appeal that her trial counsel failed to advise her competently about the decision to admit grounds, and that she did not understand certain information, rendering her admission not knowing, intelligent and voluntary. [continue reading…]
{ }
by admin
on March 30, 2017
State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs)
Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed to turn over a list, prepared by the child, of changes she wished to make to statements she made during her first forensic interview. The circuit court found the state had acted in bad faith in withholding the list, vacated Nichols’s conviction, and dismissed the charges with prejudice. The court of appeals now reverses and remands for the circuit court to consider Nichols’s sentence modification claim. [continue reading…]
{ }
by admin
on March 28, 2017
The Texas court had applied what’s been called “the Lennie standard”; today the high Court holds that this test disregards current medical standards and is thus invalid. For more, see our post on the cert grant.
{ }
