State v. Marcus L. Pantoja, 2016AP1289, 7/05/17, District 1 (not recommended for publication); case activity (including briefs) Police raided the apartment where Pantoja was living with his girlfriend; he claims on appeal that there was neither probable cause for the warrant nor reasonable suspicion of danger justifying its no-knock authorization, which turned up drugs and… Read more
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State v. Java I. Orr, 2016AP2009, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs) Orr raises and loses 3 issues relating to the sentence credit that he received in this case. He argues that (1) he should have been allowed withdraw his plea because trial counsel gave him incorrect infromation regarding… Read more
State v. James D. Carter, 2016AP1054-CR, District 1, 7/5/17 (not recommended for publication); case activity (including briefs) Carter was charged in a 20-count information with various crimes, most of them involving theft and forgery arising out of a scam Carter perpetrated against multiple victims using the same basic modus operandi in October and November. But he was… Read more
State v. S.D., 2016AP1701-1702, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity This TPR appeal raises a number of interesting issues ranging from a Daubert challenge to the State’s psychologist and “parenting capacity assessment” to an ineffective assistance of counsel claim for failure to raise an “unconstitutional as applied” challenge to the standard… Read more
State v. M.G., 2016AP1197, District 1, 7/5/16 (one-judge decision; ineligible for publication); case activity M.G. moved to withdraw his no contest plea to the petition to terminate his parental rights based on CHIPS grounds. He alleged the plea colloquy was deficient regarding his waiver of the right to trial because his lawyer and the judge referred… Read more
Not to beat a dead horse, but Professor Eve Brensike Primus of the University of Michigan Law School has just written a report called Defense Counsel and Public Defense. The abstract starts like this: Public defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage… Read more
Honorable William Gabler v. Crime Victims Rights Board, 2017 WI 67, 6/27/2017, affirming circuit court on bypass; case activity (including briefs) The legislature created the Crime Victims Rights Board and tasked it with, among other things, issuing “private and public reprimands of public officials” who violate victims’ rights as defined by our state Constitution and… Read more
State v. Raymond L. Nieves, 2017 WI 69, 6/29/17, reversing an unpublished court of appeals opinion, 2014AP1623-CR; case activity (including briefs) Forget the old saws that “appellate courts decide cases on the narrowest possible grounds,” “appellate courts should not reach constitutional issues when another issue is dispositive,” and “the supreme court should not decide issues… Read more