State v. Keith C. Henyard, 2020 WI App 51; case activity (including briefs) The State charged Henyard with 8 crimes potentially leading to 157 years in prison. Commissioner Parise engaged Henyard in a colloquy, accepted his waiver of a preliminary hearing, and bound him over for trial. Parise left the bench and 5 months later… Read more
D. Ineffective Assistance
State ex rel. Milton Eugene Warren v. Michael Meisner, 2020 WI 55, 6/11/20, reversing and remanding an unpublished order of the court of appeals, 2019AP567; case activity (including briefs) Seven years ago, the supreme court decided State v. Starks, 2013 WI 69, 349 Wis. 2d 274, 833 N.W.2d 146. That opinion contained a couple of… Read more
State v. Duanne D. Townsend, 2019AP787, 6/9/20, District 1 (not recommended for publication); case activity (including briefs) Good news: the court of appeals reversed a circuit court decision denying Townsend’s §974.06 motion without a hearing. Townsend now gets a one on his claims for ineffective assistance of postconviction and trial counsel. Bad news: the court… Read more
State v. Mark J. Bucki, 2020 WI App 43; case activity (including briefs) [UPDATED POST – Scroll to the bottom for very useful commentary by Chris Zachar. Many thanks to him for sharing his knowledge.] The headline tells you the only legal proposition you need to take from this soon-to-be-published case: under Daubert, evidence that… Read more
State v. David Gutierrez, 2020 WI 52, reversing in part a published court of appeals opinion, 6/3/20; case activity (including briefs) In a 5-0 decision, SCOW affirms all parts of this published court of appeals decision but one. The court of appeals held that the circuit court erred in refusing to admit evidence that excluded… Read more
State v. Tammy Genevieve Hardenburg, 2019AP1399-CR, 5/27/20, District 1; case activity (including briefs) At Hardenburg’s OWI trial, the court admitted three blood test reports by three different analysts, but only one of them testified. Hardenburg argued that the testifying analyst served as a conduit for the opinions by the other two in violation of the… Read more
State v. George E. Savage, 2019AP90-Cr, petition for review of an unpublished option granted, 5/19/20, case activity Issues (adapted from the State’s petition for review): 1. Under Hill v. Lockhart, 474 U.S. 52 (1985), when a defendant claims that he received ineffective assistance of counsel in connection with a guilty plea, he must prove that… Read more
State v. Gary R. Schumacher, 2019AP1261-CR, District 4, 5/7/20, (1-judge opinion, ineligible for publication); case activity (including briefs) Schumacher was convicted of OWI with a prohibited alcohol content in connection with an accident at 8:45 p.m. His blood was drawn at 10:56 p.m., and tests showed a BAC of .171, well above his legal limit… Read more
