State v. Percy Antione Robinson, 2020AP1728-CR, 8/6/24, District I (recommended for publication); case activity In a published decision that criminal practitioners have been waiting on for years, COA holds that a CR-215 probable cause procedure used to satisfy the requirements of Riverside triggers the attachment of the Sixth Amendment right to counsel. The facts in this… Read more
b. Not found
State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia. Rosalez pleaded no contest to sexually assaulting… Read more
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights. In this TPR action involving multiple children, the County alleged only one ground–continuing CHIPS… Read more
State v. Matthew Robert Mayotte, 2022AP1695, 1/23/24, District 3 (not recommended for publication); case activity (including briefs) Given the state of the postconviction record and COA’s narrow reading of precedent, Mayotte fails to establish he is entitled to plea withdrawal given his misunderstanding of the consequences of his Alford plea. This is probably one of the… Read more
State v. Wayne L. Timm, 2023AP351, 1/19/24, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The police thought Timm might be responsible for a string of burglaries in the area, and so were looking out for his vehicle. When an officer spotted it one night, he pulled it over for going 31… Read more
Kenosha County DCFS v. M.T.W. 2023AP610, 11/15/23, District 2 (one-judge decision; ineligible for publication); case activity “Mary” appeals from the termination of her parental rights to her daughter “Carrie.” the court of appeals rejects several claims that Mary’s counsel was ineffective and affirms. Mary first argues her counsel should have objected when the county introduced… Read more
State v. Michael Ross Straight, 2022AP2012, 8/24/23, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A woman identified as “A.B.” got out of her car and approached Straight with a machete. Straight, fearing for his life, grabbed A.B., knocked her to the ground, and took the machete from her. He then straddled… Read more
Tyler A. Gonzales v. Cheryl Eplett, No. 22-2393, 8/9/23 (Available on Westlaw as 2023 WL 5086451) In a case demonstrating the full power of AEDPA’s stringent standard of review, the 7th Circuit is powerless to grant a new trial despite its palpable discomfort when evaluating the performance of defense counsel. In 2015, Gonzales got in… Read more
