by admin
on July 15, 2022
State v. Alberto E. Rivera, 2021AP1100, 7/12/22, District 1, (not recommended for publication); case activity, (including briefs)
The court of appeals rejects Rivera’s claims for ineffective assistance of postconviction counsel for failing to raise two claims of ineffective assistance of trial counsel. Rivera challenged trial counsel’s counsel’s failure to seek suppression of an in-court identification because (a) it was tainted by an earlier suggestive “showup” procedure, and (b) his right to counsel was violated during the line-up because his retained counsel was not present for it. [continue reading…]
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by admin
on July 15, 2022
State v. Junior L. Williams-Holmes, 2022 WI App 38, petition for review granted, 11/16/22, reversed and remanded, 2023 WI 49; case activity (including briefs)
Williams-Holmes was given a bifurcated prison sentence and consecutive probation after being convicted of battery to and false imprisonment of his girlfriend. Because of Williams-Holmes’s history of domestic violence, the circuit court ordered, as a condition of probation and extended supervision, that Williams-Holmes not reside with any member of the opposite sex or any child not related to him by blood “without permission of the Court.” (¶1). Williams-Holmes argues the circuit court’s condition is improper because it results in the court “administering” probation, which is a task reserved for the Department of Corrections. The court of appeals disagrees, holding that the circuit court may impose this condition—though it must implement it using the statutory process for modifying conditions of supervision. [continue reading…]
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by admin
on July 15, 2022
On June 29, 2022, the court of appeals issued its June 2022 publication order. No criminal law related cases were ordered published.
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by admin
on July 13, 2022
SCOWstats just published its first post in a multi-part series reviewing SCOW’s 2021-2022 term. The burst of June and July opinions confirmed a trend that emerged in May. This term, SCOW released an unprecedented number of 4-3 decisions with Hagedorn casting the decisive vote in 86% of them. And in 50% of those, he swung left. Who controls SCOW? For now, it appears to be Hagedorn.
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by admin
on July 13, 2022
State v. A.G., 2022AP652, 7/12/22, District 1 (1-judge opinion, ineligible for publication); petitions for review granted, 10/11/22, reversed, 2023 WI 61; case activity
District 1 means business. Not long ago, it reversed an order denying A.G.’s claim that his no-contest plea to grounds for a TPR was not knowing, intelligent, and voluntary because the circuit court neglected to explain the potential dispositions to him. It remanded the case for an evidentiary hearing. There, the State simply presented a transcript showing that 10 months before the plea, the circuit court explained potential dispositions to A.G. The circuit court said the State met its burden. On appeal after remand, the court of appeals says no way! [continue reading…]
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by admin
on July 13, 2022
State v. Chrystul D. Kizer, 2022 WI 58, affirming a published court of appeals opinion, 2021 WI App 46, 7/6/22, case activity (including briefs)
There’s been a lot of press on this case, so we’ll skip the facts. Kizer is charged with 1st-degree intentional homicide and other felonies in connection with the death of a man she says trafficked her. She asserts §939.46(1), which provides “an affirmative defense for any offense committed as a direct result” of human or child sex trafficking. In a split decision, SCOW decided two questions of statutory interpretation. Now the circuit court must apply the clarified statute and decide whether Kizer gets a jury instruction on this defense at trial. [continue reading…]
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by admin
on July 12, 2022
State v. Westley D. Whitaker, 2020AP29-CR, 2022WI 54, 7/5/22, affirming a publisher court of appeals opinion, 2021 WI App 17; case activity (including briefs)
As a teenager, Whitaker repeatedly sexually assaulted his sisters. Though aware of the assaults, neither his parents nor the Amish elders reported them to the authorities. Whitaker pleaded to one count of 1st-degree sexual assault of a child. On appeal, he argues that the circuit court improperly sentenced him by referencing his Amish faith and stating an intent to send a message to the Amish community. SCOW affirmed, but the majority and concurrences highlight concerns about how “improper sentencing factor” claims are evaluated. [continue reading…]
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by admin
on July 11, 2022
State v. C.G., 2022 WI 60, 7/7/22, affirming a published court of appeals decision, 2018AP2205; case activity
C.G. has the masculine legal name her parents gave her when she was born. When she was 15 years old she committed a sexual assault. At the time she was identifying as a male, but during and after the pendency of her juvenile case she began to transition to female. She wants to change her legal name to reflect her gender. But in Wisconsin, those on the registry are forbidden to change their names. C.G.–who is primarily identified by the pseudonym “Ella” in this confidential juvenile case–argued that forcing her to retain a masculine legal name violates her First Amendment right to free speech, and her Eighth Amendment right to be free from cruel and unusual punishment. Four justices disagree. [continue reading…]
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