State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer… Read more
A. Right to appeal
State v. Henry Edward Reed, Jr., 2009AP3149-CR, District 1, 1/11/11 court of appeals decision (3-judge, not recommended for publication); for Reed: Basil M. Loeb; case activity; Reed BiC; State Resp. Guilty Plea Colloquy – Plea Questionnaire Reed’s claim that he didn’t understand the significance of read-in offenses is defeated by their coverage in the plea… Read more
State v. Kacey G. Johnson, 2010AP1263-CR, District 1, 11/23/10 court of appeals decision (1-judge, not for publication); for Johnson: James B. Duquette; Johnson BiC; State Resp.; Reply Johnson forfeited his claim of a right to be sentenced by the judge who took his guilty plea, by failing to object contemporaneously. This is not a matter… Read more
State v. Jason W. Kucik, 2009AP933-CR, District 1, 11/16/10 court of appeals decision (3-judge, not recommended for publication); for Kucik: Thomas J. Nitschke; Resp. Br.; Reply; Kucik Supp. Br.; State’s Supp. Br. Appellate Procedure – Affirmance on Different Theory than Posited Below ¶31 We agree with the State that it is appropriate for us to consider the… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
State v. Sabian L. Yunck, 2009AP3020-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Yunck: Byron C. Lichstein; BiC; Resp.; Reply Sentence – Factors – Exercise of Constitutional Right Convicted of violating a domestic abuse order forbidding contact with the mother of his child, Yunck argues that sentence was impermissibly based… Read more
State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); pro se Recusal – Waiver ¶10 Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case… Read more
State v. Carl Morgan, 2009AP74-CR, District III, 7/20/10 court of appeals decision (3-judge, not recommended for publication); for Morgan: Ralph Sczygelski; BiC; Resp.; Reply Sufficiency of Evidence Review Review of a denied motion for dismissal at the close of the prosecutor’s case-in-chief is waived where the defendant proceeds to put in a defense. All the… Read more
