State v. Sabian L. Yunck, 2009AP3020-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Yunck: Byron C. Lichstein; BiC; Resp.; Reply Sentence – Factors – Exercise of Constitutional Right Convicted of violating a domestic abuse order forbidding contact with the mother of his child, Yunck argues that sentence was impermissibly based… Read more
1. Deficient performance
court of appeals decision (3-judge, not recommended for publication); for Lang: Mary D. Scholle, SPD, Milwaukee Appellate; BiC; Resp.; Reply Search Warrant – Probable Cause Affidavit by a detective, containing statements made by a recently arrested “informant” who said that “Troy” at the target residence had traded him cocaine for stolen property, supplied probable cause… Read more
Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti TPR – Evidence Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her… Read more
Alan Ward v. Deppisch, 7th Cir No. 08-2809, 07/23/2010 7th circuit decision, review of unpublished court of appeals decision Habeas – Procedural Default The state argues that Ward procedurally defaulted his claim because he failed to fairly present the Wisconsin courts with a federal issue, and the state courts ruled against Ward based on adequate… Read more
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
State v. Raymond A. Habersat, No. 2009AP976-CR, District I, 7/7/10 court of appeals decision (3-judge; not recommended for publication); for Habersat: Angela Conrad Kachelski; BiC; Resp.; Reply Evidence – Extraneous Misconduct On Habersat’s trial for first-degree sexual assault of a child, admission of evidence of his 1991 sexual assault of a child to establish motive… Read more
seventh circuit court of appeals decision Ineffective Assistance – NGI Defense – Habeas Review Counsel performed deficiently by failing to: adequately prep his NGI expert witness, who had performed only a competency evaluation of Wilson and wasn’t given the opportunity for a reinterview with the distinct purpose of an NGI evaluation; present testimony of family… Read more
court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley TPR – Assume-Responsibility Ground Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs: ¶30 The trial court accurately concluded that the evidence it outlined was sufficient to support… Read more
