State v. Darrell Lemont Otis, 2010AP589, District 1, 2/1/11 court of appeals decision (3-judge, not recommended for publication); for Otis: Bryan C. Lichstein; case activity; Otis BiC; State Resp.; Reply Repeated Sexual Assault – Sufficiency of Evidence Repeated sexual assault, § 948.025(1)(b), requires proof of 3 elements: 3 or more sexual assaults; within a specified period of… Read more
b. Not found
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
State v. Dekoria Marks, 2010 WI App 172 (recommended for publication); for Marks: Joel A. Mogren; Marks BiC; State Resp.; Reply Ineffective Assistance – Inconsistent Defenses Counsel’s choice to pursue potentially inconsistent defenses (self-defense; no involvement) was, in light of the “not uncommon practice of lawyers to argue inconsistent theories,” within the wide range of… Read more
State v. Michael James Carter, 2010 WI 40 Wisconsin supreme court decision, reversing unpublished summary order; for Carter: John T. Wasielewski; BiC (State); Resp.; Reply Counsel made a reasonable tactical decision not to search for admissibility of sexual conduct evidence as an exception to the rape shield law. Therefore, Carter can’t show deficient performance. Separately… Read more
State v. Paul Dwayne Westmoreland, 2008 WI App 15, PFR filed 1/17/08 For Westmoreland: Joseph E. Redding Issue: Whether counsel’s strategic decision to argue inconsistent theories during closing argument (the defendant wasn’t involved in the shooting, but if the jury found he was then they should find guilt only on a lesser offense) was deficient. Holding: ¶20 We start… Read more
State v. Jason K. Van Buren, 2008 WI App 26; for Van Buren: Waring R. Fincke Issue: Whether trial counsel’s failure to adduce expert testimony on false confessions was deficient. Holding: ¶18 Here, we do not address the prejudice prong of Strickland because we conclude that Van Buren’s counsel was not deficient. A finding of deficient performance “requires showing… Read more
State v. Jennifer Wery, 2007 WI App 169 For Wery: Elizabeth Ewald-Herrick Issue/Holding: ¶17 Wery’s counsel’s failure to object did not constitute deficient performance. Deficient performance is limited to situations where the law or duty is clear such that reasonable counsel should know enough to raise the issue. State v. McMahon, 186 Wis. 2d 68, 85… Read more
State ex rel. Clayborn L. Walker v. Frank, 2007 WI App 142, PFR filed 6/1/07 For Walker: Amelia L. Bizzaro Issue: Whether counsel deficiently advised Walker to waive ES revocation, in that counsel determined that investigation of alternatives to revocation would be futile. Holding: ¶14 Dudley’s decision to advise Walker to waive the revocation hearing… Read more
