State v. Ricky H. Jones, 2013AP1731-CR, District 2, 7/30/14 (unpublished); case actvity Exclusion of expert testimony about defendant’s lack of propensity toward child sexual assault In defending Jones against two counts of 1st-degree sexual assault of a child, his lawyer wanted to elicit expert testimony that Jones posed a low risk of committing a sexual offense–a… Read more
1. Deficient performance
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons… Read more
State v. Kenneth L. Hare, Jr., 2013AP1675-CR, 7/29/14 (not recommended for publication); case activity In this case, the court of appeals rejected Hare’s contentions that his trial counsel was ineffective for failing to request a jury instruction on the law of self-defense and that he was entitled to an evidentiary hearing on a separate IAC… Read more
State v. Matthew D. Campbell, 2011AP1445-CR, District 4, 7/24/14 (not recommended for publication); case activity After a victim admitted during cross-examination that she lied under oath during direct examination, the trial court advised the victim of her right against self-incrimination. (¶3-4). She invoked that right and was given immunity under §§ 972.08 and 972.085. (¶4). Cross-examination… Read more
State v. Kenneth A. James, 2013AP2409-CR, District 2, 7/23/14 (not recommended for publication); case activity James insisted on going to trial even though the transcript from the preliminary hearing hadn’t yet been prepared, so he can’t complain now that trial counsel was ineffective for failing to seek an adjournment so he could get the transcript… Read more
State v. Jimothy A. Jenkins, 2014 WI 59, 7/11/14, review of an per curiam court of appeals decision; majority opinion by C.J. Abrahamson; case activity This is a very nice victory for the defense. It clarifies the “prejudice” showing required for a claim of ineffective assistance of trial counsel. And it assures lower courts that… Read more
State v. Bryanntton A. Brown, 2013AP1332-CR, District 1, 6/24/14 (not recommended for publication); case activity Trial counsel was not ineffective for failing to present certain evidence that the complainant in Brown’s child sexual assault prosecution may have obtained her sexual knowledge from watching TV and movies and talking to her older sister. Nor was trial counsel ineffective for not… Read more
State v. Russell S. Krancki, 2014 WI App 80; case activity In the first Wisconsin case to address how Salinas v. Texas, 570 U.S. ___, 133 S. Ct. 2174 (2013), affects the admission of evidence of a defendant’s silence, the court of appeals reads Salinas to apply to a narrow factual scenario not present in this case. The court goes on to assume that trial counsel should… Read more
