Hatem M. Shata v. Denise Symdon, No. 16-CV-574 (E.D. Wis. Dec. 12, 2018) Shata’s case was one of two our supreme court decided on the same day–both held counsel not ineffective for failing to give accurate advice on immigration consequences. You can see our prior post for the facts and our analysis of those decisions… Read more
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State v. Nelson Garcia, Jr., 2016AP1276-CR, petition for review of an unpublished court of appeals decision granted 12/12/18; case activity (including briefs) Issues (from the petition for review) Does the Sixth Amendment right to counsel attach upon the finding of probable cause and setting of bail by a court commissioner? Was the line-up impermissibly suggestive… Read more
State v. Tyrus Lee Cooper, 2016AP375, review of a per curiam opinion granted 12/12/2018; case activity (including briefs) Issues (from the petition for review): When defendant’s counsel has engaged in serious professional misconduct leading up to the trial date affecting defendant’s meaningful participation in his own defense, does that provide a sufficient reason to withdraw a… Read more
State v. Raytrell K. Fitzgerald, 2018AP1296-CR, petition for bypass granted 12/12/18, circuit court order vacated, 2019 WI 69; case activity (including briefs) Issues: Whether the involuntary medication provisions of Wis. Stat. §971.14 are unconstitutional because they do not comport with Sell v. United States, 539 U.S. 166 (2003)? Whether the circuit court’s Order of Commitment… Read more
State v. Jose A. Reas-Mendez, 2017AP2452-CR, 12/11/18, District 1 (not recommended for publication); case activity (including briefs) In 2017, conservative activists on SCOW overruled a 12-year-old, unanimous opinion in order to overwrite the plain language of §974.07(7), Wisconsin’s postconviction DNA testing statute. They made it virtually impossible for a defendant to get this type of testing… Read more
State v. Kristy L. Malnory, 2018AP216-CR, District 4, 12/13/18 (one-judge decision; ineligible for publication); case activity (including briefs) At Malnory’s trial for operating with a prohibited alcohol content, her lawyer failed to object to the admission of the “Blood/Urine Analysis” form completed at the time of her blood draw. She argues this was deficient performance… Read more
State v. Alexander M. Schultz, 2019 WI App 3, petition for review granted 4/9/19; case activity (including briefs) Addressing an issue of first impression in Wisconsin, the court of appeals holds that to ascertain the scope of the double jeopardy bar against a successive prosecution when the charging language of the prior case is ambiguous, a… Read more
State v. Shawn A. Hodgkins, 2017AP1799-CR, District 2, 12/12/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) Hodgkins objected to DOC collecting costs from him while he was in prison because the circuit court ordered the costs to be collected while he was on a term of consecutive probation. He also sought a… Read more
