State v. Sadiq Imani, 2018AP596-CR, District 1, 12/18/18 (not recommended for publication); case activity (including briefs) Imani doesn’t get a Machner hearing on his ineffective assistance of counsel claim because the court of appeals concludes the record shows counsel’s alleged errors didn’t prejudice Imani. Imani was charged with robbing a bank. He argues his trial lawyer was ineffective… Read more
46. WI Court of Appeals
State v. Jose A. Reas-Mendez, 2017AP2452-CR, 12/11/18, District 1 (not recommended for publication); case activity (including briefs) In 2017, conservative activists on SCOW overruled a 12-year-old, unanimous opinion in order to overwrite the plain language of §974.07(7), Wisconsin’s postconviction DNA testing statute. They made it virtually impossible for a defendant to get this type of testing… Read more
State v. Kristy L. Malnory, 2018AP216-CR, District 4, 12/13/18 (one-judge decision; ineligible for publication); case activity (including briefs) At Malnory’s trial for operating with a prohibited alcohol content, her lawyer failed to object to the admission of the “Blood/Urine Analysis” form completed at the time of her blood draw. She argues this was deficient performance… Read more
State v. Alexander M. Schultz, 2019 WI App 3, petition for review granted 4/9/19; case activity (including briefs) Addressing an issue of first impression in Wisconsin, the court of appeals holds that to ascertain the scope of the double jeopardy bar against a successive prosecution when the charging language of the prior case is ambiguous, a… Read more
State v. Shawn A. Hodgkins, 2017AP1799-CR, District 2, 12/12/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) Hodgkins objected to DOC collecting costs from him while he was in prison because the circuit court ordered the costs to be collected while he was on a term of consecutive probation. He also sought a… Read more
Winnebago County v. A.A., 2018AP1505-FT, 12/12/18, District 2 (1-judge opinion, ineligible for publication); case activity A.A.’s commitment was set to expire on March 28th. Two days before his March 22 recommitment hearing he demanded a jury trial. The court gave him one on April 12th. A.A. argued that the trial court lost competency to act when… Read more
State v. William J. Smith, 2018AP320-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs) The encounter between police and Smith wasn’t a seizure, so the search of Smith wasn’t the fruit of an illegal seizure. Police were surveilling a car they believed was being driven by a wanted felon and saw Smith… Read more
State v. Howard D. Davis, 2017AP942-CR, District 1, 12/11/18 (not recommended for publication); case activity (including briefs) Davis claimed trial counsel was ineffective in various ways, and that a juror may have introduced extraneous information into deliberations. The trial court denied his claims without a hearing. The court of appeals affirms. A postconviction motion provides… Read more
