Review of two court of appeals decisions (one published, one unpublished) that will be argued together. State v. Shata (case activity) and State v. Ortiz-Mondragon (case activity) Issue in Shata (composed by On Point) Whether the defendant, a foreign national, should be permitted to withdraw his guilty plea because his trial counsel failed to provide… Read more
1. Deficient performance
State v. David M. Carlson, 2014 WI App 124; case activity Note to trial courts: When ineffective assistance of counsel claims are based what trial counsel said to his client, hold an evidentiary hearing. Note to defense counsel: Data showing the sentences received by defendants charged with the same crimes as your client is about as useful… Read more
State v. Ryan P. O’Boyle, 2014AP80-CR, District 1, 11/4/14 (not recommended for publication); case activity O’Boyle’s claims of ineffective assistance of counsel are rejected because trial counsel’s performance wasn’t deficient. O’Boyle, charged with attempted first degree intentional homicide, raised a self-defense claim. He claimed trial counsel was ineffective for failing to ask for the eyewitness… Read more
State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s confession. Further, the circuit court’s plea colloquy with Triggs was not defective and the circuit court didn’t erroneously exercise… Read more
State v. Gabriel Justin Bogan, 2014AP285-CR, District 1, 10/14/14 (not recommended for publication); case activity In this 1st-degree reckless homicide and 1st-degree reckless endangering safety case, the court of appeals held that the evidence presented at trial did not support a “defense of others” jury instruction. Thus, Bogan’s trial lawyer was not ineffective for failing… Read more
State v. Fernando Ortiz-Mondragon, 2014 WI App 114, petition for review granted 12/18/14, affirmed, 2015 WI 73; case activity Ortiz-Mondragon’s trial counsel wasn’t ineffective under Padilla v. Kentucky, 559 U.S. 356 (2010), for failing to advise Ortiz-Mondragon that his convictions were “crimes involving moral turpitude” (CIMT) and would result in mandatory deportation and a permanent bar on reentry… Read more
State v. James R. Hunt, 2014 WI 102, 8/1/14, reversing an unpublished per curiam court of appeals decision; majority opinion by Justice Gableman; case activity The court of appeals granted Hunt a new trial; the supreme court takes that new trial away. The supreme court’s decision does not develop any new law or address a novel issue… Read more
State v. John W. Kaczmarek, 2013AP1745-CR, District 4, 7/31/14 (1-judge; ineligible for publication); case activity Trial counsel wasn’t ineffective for failing to discover before Kaczmarek’s bail jumping trial that the hearing notice mailed to the defendant had been returned, as there was other evidence he’d received notice of the hearing. Nor was counsel ineffective for… Read more
