8. Counsel, 6th Am.

State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled… Read more

State v. Andrew K. Valiquette, 2013AP909-CR, District 4, 12/19/13; court of appeals decision (1-judge; ineligible for publication); case activity Valiquette, convicted of resisting arrest, argues the police lacked lawful authority when they moved to pat him down for weapons, and asserts trial counsel’s failure to pursue that defense was based on a misunderstanding of the… Read more

Review of unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible? Unlike electronically filed briefs… Read more

Review of an unpublished, per curiam court of appeals decision; case activity; State’s petition for review Issues (from the State’s petition): 1.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

How many misdemeanor cases is too many for one public defender to take in one year?  Is it okay to advise a client to take a fantastic plea bargain without having a confidential conversation with him first?  What about skipping the investigation of  a client’s story?  In Wilbur v.  City of Mount Vernon, Case No. C11-1100RSL (12/4/13) the Western District of… Read more

State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded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