State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.” ¶17 Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any… Read more
8. Counsel, 6th Am.
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
State v. Wayne P. Harris, 2012 wI App 79(recommended for publication); for Harris: Attorney Gary Grass; case activity We know that “[a] defendant has a due process right to be sentenced based on accurate information.” See State v. Tiepelman, 2006 WI 66, ¶9, 291 Wis. 2d 179, 717 N.W.2d 1 But what happens when the sentencing court relies… Read more
State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read more
on review of unpublished court of appeals decision; for Gracia: Tracey A. Wood; case activity Warrantless Entry – Community Caretaker / OWI Enhancer – Collateral Attack Issues (Composed by On Point): Whether the community caretaker doctrine supported entry into Gracia’s bedroom after the police linked him to a serious traffic accident. Whether Gracia’s waiver of counsel in a prior… Read more
State v. Casey D. Schwandt, 2011AP2301-CR, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Schwandt: Erik C. Johnson; case activity Schwandt made a prima facie showing that he did not validly waive counsel in a 1997 OWI conviction used as a penalty enhancer. General Principles. ¶5 A defendant may collaterally attack a prior… Read more
Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10 We disagree that counsel’s performance… Read more
State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12 court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity Counsel’s failure to impeach police officers, with their own reported statements, was deficient: ¶17 While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if… Read more
