State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity Terry stop — reasonableness of length of detention; arrest –probable cause Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on… Read more
D. Ineffective Assistance
State v. Kendrick L. Lee, 2011AP2126-CR, District 4, 3/28/12; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel — failure to present evidence, ineffective cross examination In a necessarily fact-intensive discussion that defies quick summary here, the court of appeals concludes Lee’s trial attorney was not ineffective for failing to… Read more
State v. Mark J. Libecki, 2013 WI App 49; case activity Self-incrimination — waiver of right to exclude immunized testimony and evidence; no need for personal colloquy In this case the court of appeals holds that when a defendant waives the right to exclude at trial immunized testimony or evidence derived from that testimony, the circuit… Read more
State v. Gloria C., 2012AP1693 and 2012AP1694, District 1, 2/5/13; court of appeals decision (1-judge, ineligible for publication); case activity Trial counsel was not ineffective for failing to object to the opinion testimony of the parent’s ongoing case manager, who said that based on the parent’s conduct in the preceding two years, she would not… Read more
State v. Stephen Lehman, 2011AP2821-CR, District I (not recommended for publication). Case activity. Lehman pled guilty to 2 counts of burglary of a dwelling. The trial court sentenced him to 5 years of initial confinement and 3 years of extended supervision for each count. The court ran the sentences consecutively, ordered Lehman to pay… Read more
State v. Douglas H. Stream, Case No. 2011AP2051, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied the defendant’s Wis. Stat. § 974.06 postconviction motion, which claimed that his trial lawyer was ineffective for not objecting to references to the truthfulness of his confession during a… Read more
Questions Presented: This case presents three questions involving· AEDPA (the Antiterrorism and Effective Death Penalty Act of 1996), and Lafler v. Cooper, 132 S. Ct. 1376 (2012), this Court’s recent decision expanding ineffective-assistance-of-counsel claims to include rejected plea offers: 1. Whether the Sixth Circuit failed to give appropriate deference to a Michigan state court under… Read more
State v. Willie M. McDougle, 2013 WI App 43; case activity Failure to object to admission of, and expert opinion based on, autopsy reports prepared by another pathologist Trial counsel was not ineffective for failing to object on confrontation clause grounds to either the opinion testimony of the pathologist who did not conduct autopsy or… Read more
