State v. Jeninga, 2019 WI App 14; case activity (including briefs) Jeninga asserted that he would not have pled guilty to a weak child sexual assault charge if his trial counsel had filed an obvious motion to suppress child porn on his cell phone. Trial counsel, who missed the suppression issue, testified that the child porn… Read more
Published 2019
Defendant must testify to prove that, but for counsel’s advice to plead, he would have gone to trial
On January 31, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Autumn Marie Love Lopez & Amy J. Rodriquez, 2019 WI App 2 (retail theft charges can be aggregated under § 971.36) State v. Alexander M. Schultz, 2019 WI App 3 (addressing double jeopardy challenges to… 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. Autumn Marie Love Lopez & Amy J. Rodriguez, 2019 WI App 2, petition for review granted 4/9/19, affirmed by a divided court, 2019 WI 101; Lopez case activity; Rodriquez case activity). Lopez and Rodriguez were each charged with a single count being party to the crime of felony retail theft of more than $500 but less than $5,000 based… Read more
State v. Charles L. Neill, IV, 2019 WI App 4; petition for review granted 6/11/19, reversed, 2020 WI 15; case activity (including briefs) Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: the one for having a BAC over .25 (Wis. Stat. §… Read more
