State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010)… Read more
admin
State v. Akil C. Jackson, 2014 WI App 50; case activity Under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213, Jackson’s statutory summary suspension in Illinois resulting from an OWI and PAC citation counts as a prior conviction under § 343.307(1) even though the citation was eventually dismissed. Carter considered whether a prior… Read more
State v. Roddee W. Daniel, 2014 WI App 46, petition for review granted 9/18/14, modified and affirmed, 2015 WI 44; case activity When postconviction counsel questions a defendant’s competency to understand his or her § 809.30 appellate rights or ability to effectively communicate with counsel but the defendant asserts he or she is competent, defense counsel… Read more
State v. John M. Navigato, 2012AP2108-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity State v. Teddy W. Bieker, 2012AP2693-CR, District 2, 4/9/14; court of appeals decision (not recommended for publication); case activity The circuit court, relying on the district attorney’s assertion of the so-called “interlocking confessions” doctrine, denied Navigato’s… Read more
State v. Marcus Norfleet, 2013AP2294-CR, District 2, 4/9/14; court of appeals decision (1-judge; ineligible for publication); case activity Police had probable cause to arrest Norfleet for both eluding and operating while intoxicated under the totality of the facts and circumstances available to the officer at the time of arrest. After an officer tried to stop a… Read more
State v. Anthony R. Giebel, 2013AP1874-CR, District 2, 4/9/14; c0urt of appeals decision (1-judge; ineligible for publication); case activity Giebel challenged his misdemeanor repeater sentence based on the holding in State v. Gerondale, Nos. 2009AP1237/1238-CR, unpublished slip op. (WI App Nov. 3, 2009). While his appeal was pending, the court of appeals decided State v. Lasanske, 2014… Read more
A few links of possible interest to start the week: A graphic illustration showing where and why prisoners are incarcerated in the United States, from the Prison Policy Initiative: Mass Incarceration: The Whole Pie. The latest from Michael O’Hear at the Marquette Law School who, with Darren Wheelock, of Marquette’s Department of Social & Cultural… Read more
Issues Presented: 1. Has the court of appeals effectively overturned this court’s precedent recognizing undue harshness as a ground for sentence modification? 2. Is the time ripe for this court to put teeth in the McCleary-Gallion mandate that the appellate courts ensure that sentences – particularly sentences in the highest range – are rational and explainable? Court… Read more
