State v. Cedric Tung, 2021AP1705-CR, 6/20/23, recommended for publication; case activity (including briefs) In a factually complicated ineffectiveness case that does not involve the usual Strickland analysis, the court of appeals affirms based primarily on a messy factual record. Tung was charged with first-degree sexual assault of a child based on conduct occurring in 2017… Read more
8. Counsel, 6th Am.
State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs) In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1). At trial, Minnema’s defense… Read more
State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available) Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error… Read more
State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs) Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial… Read more
Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster A long line of Supreme Court cases holds that a criminal defendant’s right to counsel attaches when he or she becomes a criminal defendant: when he or she is formally accused of a crime. Most recently, in Rothgery v… Read more
State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs) Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood. He argued that his trial lawyer was ineffective for failing to move for suppression of the results of… Read more
State v. Larry L. Jackson, 2023 WI 3, 01/20/23, affirming in part, reversing in part, and remanding a per curiam court of appeals decision; case activity (including briefs) A unanimous supreme court holds that Jackson is entitled to an evidentiary hearing under State v. Machner on one of his three claims of ineffective assistance of counsel… Read more
State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements… Read more
