State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent Statements Evidence of complainant KAC’s statements made during an alleged sexual assault were… Read more
1. Deficient performance
State v. Tijuan L. Walker, 2010AP2587-CR, District 1, 11/29/11 court of appeals decision (not recommended for publication); for Walker: Matthew S. Pinix; case activity Walker was tried for and convicted of injury by intoxicated use of a vehicle, § 940.25(1)(a), after his car collided with DeAnn Braggs’. A form accompanying the post-accident test kit containing Braggs’ blood… Read more
State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice. Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and… Read more
State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language… Read more
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11 court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her statement to a school counselor… Read more
State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more
State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently. Decision not to make opening statement was reasonable strategy, given that the defense didn’t plan to call any witnesses but instead intended “to put the State to its… Read more
