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D. Ineffective Assistance

State v. Dakota R. Black, 2017AP837, 3/22/18, District 4 (not recommended for publication); case activity (including briefs) A jury convicted Black of the homicide of B.A.T., a five-year-old child in his care; the child was bruised and died of subdural hemorrhages. Black defended on the theory that the child’s injuries came in a fall, either… Read more

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State v. Gary Lee Wayerski, 2015AP1083-CR, petition for review of unpublished court of appeals opinion granted 3/13/18; case activity (including briefs) Issues (composed by On Point): Whether trial counsel was ineffective where he did not ask the testifying defendant about the purported confession he gave to a jailhouse snitch, and defendant would have denied the… Read more

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State v. Terrance Lavone Egerson, 2016AP1045-CR, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) Egerson moved to withdraw his pleas, alleging his trial lawyer was ineffective for failing to challenge the domestic abuse repeater enhancers appended to the charges Egerson faced. According to Egerson, those enhancers never applied, so he was overcharged and… Read more

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State v. Lee Vang, 2017AP75-77-CR, District 1, 2/20/18,(not recommended for publication); case activity (including briefs) Vang argued that his trial was ineffective in failing to object to (1) a police officer’s hearsay testimony about the victim’s statements to him; (2) his own testimony on direct about participating in an illegal street race for money; and (3)… Read more

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State v. Orlando Lloyd Cotton, 2016AP2211-CR, District 1, 2/13/18 (not recommended for publication); case activity (including briefs) Cotton was convicted of being party to the crime of possession of cocaine and marijuana with intent to deliver and keeping a drug house. He unsuccessfully argues the evidence wasn’t sufficient to convict him and that his trial… Read more

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State v. Lonnie S. Sorenson, 2016AP1540-CR, 12/5/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Sorenson appeals jury-trial convictions for operating with a PAC and possession of drug paraphernalia. He was also found guilty of operating with a detectable amount of THC in his blood, but this was dismissed by operation of… Read more

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SCOW ducks First Amendment question

State v. Ginger Breitzman, 2017 WI 100, 12/1/17, affirming an unpublished court of appeals decision; case activity (including briefs) Breitzman was convicted at trial of several counts of child abuse (for physical assaults) and neglect of her son, J.K. She was also convicted of a charge of disorderly conduct for an incident inside their home in… Read more

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State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it… Read more

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