State v. J.D.V., 2017AP1057, District 3, 2/13/18 (one-judge decision; ineligible for publication); case activity J.D.V. (given the pseudonym “Joseph” by the court) was adjudged delinquent for punching Thomas, another juvenile, in the head outside of school. The incident was recorded by Charles, another student, using his electronic device. Based primarily on that recording the trial… Read more
K. Standards of Review
State v. August D. Genz, 2016AP2475-CR, District 3, 1/30/18 (not recommended for publication); case activity (including briefs) A jury convicted Genz of (1) possession with intent to deliver amphetamine and (2) conspiracy to deliver THC. The court imposed concurrent, stayed sentences with 1 year of probation. Genz appealed the 2nd conviction, but he completed his… Read more
State v. Darrin K. Taylor, 2016AP1956 & 1957, 12/20/2017, District 2 (not recommended for publication); case activity (including briefs) Taylor was convicted at trial of seventeen charges related to sexual assault of a child, S.F. On appeal he attacks only his conviction for causing mental harm to a child and the associated bail-jumping count. He… Read more
State v. David L. Miller, 2017AP685-CR, 11/9/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Miller moved to suppress evidence of OWI on the grounds that the deputy who stopped him lacked reasonable suspicion. The suppression hearing involved two types of evidence: (1) the deputy’s testimony, and (2) the squad video. Miller… Read more
State v. Lamont Donnell Sholar, 2016AP987, petition for review granted 10/17/17; case activity (including briefs) Issues (composed by On Point) 1. When assessing the prejudice of defense counsel’s deficient performance in a multiple-count jury trial, may a court divide the prejudice analysis on a count-by-count basis, finding prejudice warranting relief on some counts from the… Read more
State v. Anthony R. Pico, 2015AP1799-CR, petition for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point): 1. Did the Court of Appeals apply the proper standard of review to the trial court’s findings of fact regarding trial counsel’s conduct and strategy? 2. Did trial counsel perform deficiently by failing to investigate Pico’s serious… Read more
State v. David McAlister, Sr., 2014AP2561, petition granted 9/11/17; affirmed 4/18/18; case activity (including briefs) Issues (copied from petition for review) 1. The central issue at trial was whether McAlister participated in the charged robberies. The state’s evidence on that point consisted entirely of the allegations of two confessed participants seeking to mitigate the consequences of their own… Read more
State v. Marnie L. Coutino, 2016AP2386-CR, 7/19/2017, District 2 (one-judge decision; ineligible for pubication); case activity (including briefs) Marnie Coutino seeks resentencing on the ground that the trial court erroneously exercised its discretion when it imposed a 30-day jail sentence without considering whether probation was appropriate. The court did not refer to probation during its… Read more
