State v. Roy H. Beals, 2012AP1079-CR, District 2/1, 7/9/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel Trial counsel in a sexual assault prosecution was not ineffective for failing to object to portions of two different video statements of the child victim (one from 2007, the other from 2009) because the… Read more
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Do you take appellate appointments from the State Public Defender? Do you wonder what an SPD appellate appointment entails? The resource you’ve been waiting for has finally arrived: Appellate Practice and Procedure for SPD-Appointed Counsel. This handbook covers everything from issue spotting, to communicating with clients, postconviction motions, merit appeals, no-merit procedure, and petitions for review… Read more
By Adam Plotkin, SPD Legislative Liaison With the budget and compensation plan through the legislature, and recently signed by the Governor, I wanted to recap the major provisions affecting the SPD in those two packages. Future articles will focus on other changes affecting the SPD’s legal practice; this is a review of those issues specific… Read more
State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year… Read more
State v. Samuel Curtis Johnson, III, 2013 WI 59 (per curiam), affirming, as modified, an unpublished court of appeals opinion; reconsideration granted, 2014 WI 16 (per curiam); Justices Prosser and Gableman not participating; case activity (Note: On July 22, 2013, both Johnson and the state filed motions for reconsideration of the court’s original decision; the motions were decided… Read more
State v. Ladarius Marshall, 2012AP140-CR, District 1, 7/2/13; court of appeals decision (not recommended for publication); case activity The trial court properly denied Marshall’s motion to suppress his statements to police made during on-again off-again interrogation lasting from 10:45 a.m. to 9:00 p.m. The court first rejects Marshall’s argument he didn’t invoke his right to… Read more
State v. Robert T. Warriner, 2012AP244-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Instruction on first degree child sexual assault as lesser-included of repeated child sexual assault At trial the child testified that Warriner sexually assaulted her on only two occasions, so the trial court agreed, over Warriner’s objections… Read more
State v. Haven Pettigrew, 2012AP1860-CR, District 2/1, 7/2/13; court of appeals decision (not recommended for publication); case activity Reference to right against self-incrimination Defense counsel revealed her theory of defense for the first time in her opening statement. During direct examination of the lead detective if that was the first time he had heard that… Read more
