State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: Sentencing failure to consider applicable guidelines, § 973.017(2)(a), was harmless error, at least where the controlling sentence was untainted by the error: ¶9 We conclude that the circuit court’s failure to consider the sentencing guidelines for the two Wis. Stat… Read more
Published 2008
State v. Craig A. Swope, 2008 WI App 175 For Swope: Dianne M. Erickson Issue: Whether an FBI agent’s expert opinion, that the simultaneous deaths of an elderly couple were the result of homicide rather than natural causes, was improperly based on hearsay, namely the opinions of two non-testifying experts who thought the likelihood of… Read more
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: The trial court erroneously disqualified retained postconviction counsel from litigating an ineffective-assistance claim against his former law partner, the trial attorney: ¶21 Our review of the transcripts reveals little about what the circuit court feared would happen at the Machner hearing; specifically, what risk… Read more
State v. Paul Dwayne Westmoreland, 2008 WI App 15, PFR filed 1/17/08 For Westmoreland: Joseph E. Redding Issue: Whether counsel’s strategic decision to argue inconsistent theories during closing argument (the defendant wasn’t involved in the shooting, but if the jury found he was then they should find guilt only on a lesser offense) was deficient. Holding: ¶20 We start… Read more
State v. Jason K. Van Buren, 2008 WI App 26; for Van Buren: Waring R. Fincke Issue: Whether trial counsel’s failure to adduce expert testimony on false confessions was deficient. Holding: ¶18 Here, we do not address the prejudice prong of Strickland because we conclude that Van Buren’s counsel was not deficient. A finding of deficient performance “requires showing… Read more
State v. Alvernest Floyd Kennedy, 2008 WI App 186 Pro se Issue/Holding: ¶10 There are two avenues by which an indigent criminal defendant will be afforded counsel at no expense. The first is through the legislatively created Office of the State Public Defender. The legislature created Wis. Stat. ch. 977 of the Wisconsin Statutes establishing the… Read more
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: ¶7 … In United States v. Gonzalez-Lopez, 548 U.S. 140 (2006), the Supreme Court explained that the right to counsel derived from the Sixth Amendment includes “the right of a defendant who does not require appointed counsel to choose who will… Read more
State v. Todd E. Peterson, 2008 WI App 140 For Peterson: Ralph Sczygelski Issue/Holding: A defendant has a 6th amendment-based right to retained postconviction counsel of choice: ¶9 The State correctly counters that Miller and Gonzalez-Lopez involved the right to counsel of choice at trial. Here, Peterson was postconviction, at a Machner proceeding. … ¶10 … Read more
