Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11 court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity ¶7 Johnny contends he was not able to meaningfully participate at the trial for three reasons. First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference. Second… Read more
D. Ineffective Assistance
State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent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
State v. Tijuan L. Walker, 2010AP2587-CR, District 1, 11/29/11 court of appeals decision (not recommended for publication); for Walker: Matthew S. Pinix; case activity Walker was tried for and convicted of injury by intoxicated use of a vehicle, § 940.25(1)(a), after his car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
Dawn H. v. Pah-Nasa B., 2011AP1198, District 3, 11/29/11 court of appeals decision (1-judge, not for publication); for Pah-Nasa B.: Lora B. Cerone, SPD, Madison Appellate; case activity Given the proof of lack of parental responsibility as a ground for terminating Pah-Nasa’s rights, counsel’s failure to object to testimony about a fight between Pah-Nasa and his mother… Read more
Gregory L. Payne v. Basinger, 7th Cir No. 10-1869, 11/10/11 seventh circuit decision Ineffective Assistance of Counsel – Guilty Pleas – Prejudice The state court erroneously concluded that, because Basinger would have been convicted anyway had he gone to trial, he suffered no prejudice from counsel’s erroneous advice as to the maximum sentence he faced… Read more
Samuel Morgan v. Hardy, 7th Cir No. 10-3155, 11/7/11 seventh circuit decision Habeas – Recantation The Illinois state court didn’t mishandle either the facts or applicable law, and its rejection of State witness Prater’s post-trial recantation as incredible wasn’t unreasonable. The petitioner’s task is to “show[] that the state court determined an underlying factual issue against the clear and… Read more
State v. Joseph J. Johnson, 2011AP806-CR, District 4, 11/3/11 court of appeals decision (1-judge, not for publication); for Johnson: Rebecca J. Vahle; case activity Trial counsel’s failure to move to strike several jurors for cause didn’t require Machner hearing: ¶12 In State v. Traylor, 170 Wis. 2d 393, 399-400, 489 N.W.2d 626 (Ct. App. 1992), this court… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
