Review of an unpublished, per curiam court of appeals decision; case activity; State’s petition for review Issues (from the State’s petition): 1. Did the prosecutor’s sentencing argument breach the plea agreement by undermining the agreed-upon sentencing recommendation? 2. Was defense counsel ineffective for failing to object to the alleged breach of the plea agreement? 3. In State v… Read more
2. Prejudice
State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her… Read more
State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity Admission of other acts evidence Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the… Read more
State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity Trial counsel’s failure to impeach witness with mental health condition was not prejudicial Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I… Read more
State v. Deborah A. Nixon, 2013AP822-CR, District 2, 10/16/13; court of appeals decision (1-judge; ineligible for publication); case activity Nixon was at the home of a friend who called the police because Nixon was being disorderly and wouldn’t leave; Nixon did leave for a while, but when she returned her friend called police again, who… Read more
State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim. The 2nd element requires that the defendant know that his vehicle was… Read more
State v. Jerry Lee Carson, 2012AP2616-CR, District 1, 9/17/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of trial counsel Carson, convicted of second degree recklessly endangering safety, claimed his trial lawyer was ineffective on various grounds. The court of appeals holds counsel was not ineffective for failing to: Demand a… Read more
State v. Amos L. Small, 2013 WI App 117; case activity Right to a public trial The circuit court appropriately excluded a person from the courtroom under State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, after the prosecutor asserted the had threatened a state’s witness after her testimony. (¶9). While Small’s… Read more
