State v. Terry S. Shannon, 2015AP922, 12/7/2016, District 2 (not recommended for publication); case activity (including briefs) Terry Shannon appeals the denial of his Wis. Stat. § 974.06 motion. He was convicted, at trial, of first-degree intentional homicide; he alleges his trial counsel was ineffective for not requesting that the jury be instructed on second-degree… Read more
8. Counsel, 6th Am.
State v. Gerrod R. Bell, 2015AP2667-2668-CR, 12/1/16, District 4 (not recommended for publication), petition for review granted 3/13/2017, affirmed, 2018 WI 28; case activity (including briefs) Bell was convicted of sexually assaulting two sisters aged 14 and 17. At trial, the DA told the jury that it couldn’t acquit unless it first concluded that the sisters were… Read more
Winnebago County v. J.M., 2016AP619, District 2, 11/9/16 (one-judge decision; ineligible for publication), petition for review granted 5/15/17, affirmed, 2018 WI 37; case activity J.M.’s lawyer didn’t secure civilian clothes for him to wear at his ch. 51 recommitment hearing, so he appeared before the jury in his prison greens (sans the shackles, at least; and the stun… Read more
State v. Thomas D. Dowling, 2016AP838-CR, 10/26/16, District II (one-judge; ineligible for publication); case activity (including briefs) This is an ineffective assistance claim against Dowling’s trial counsel for not moving to suppress evidence obtained after Dowling told police officers–whom his wife had allowed into their apartment–to leave. A neighbor had called 911 reporting a domestic… Read more
William Hinesley, III, v. Wendy Knight, 7th Circuit Court of Appeals No. 15-2122, 2016 WL 4758437, 9/13/16 Hinesley’s trial lawyer didn’t object to the state’s presentation of the inculpatory out-of-court statements of the two principal witnesses against him because he wanted all of the witnesses’ statements admitted to show how they had changed their stories and… Read more
Review of an unpublished court of appeals opinion; case activity (including briefs) Issues (composed by On Point) Whether Nieves’s confrontation right was violated when the trial court permitted a witness to testify about a non-testifying co-defendant’s confession that, by implication, inculpated Nieves. Whether a surviving victim’s testimony that someone had told him Nieves was planning… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the circuit court err in holding that Suriano forfeited his Sixth Amendment right to counsel after three appointed attorneys withdrew from representing him because the court did not warn Suriano that forfeiture was a possibility and did not advise Suriano of the difficulties and dangers… Read more
State v. Anthony Darnell Davis, 2016 WI App 73; case activity (including briefs) Davis argued that he could not be convicted of recklessly causing “great bodily harm” to a child where the injuries he inflicted were bone fractures which, by statute, qualify as only “substantial bodily harm.” See Wis. Stat. § 939.22(38). The court of appeals… Read more
