State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer… Read more
9. Crimes
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10 court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp. Counsel – Waiver The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware… Read more
State v. Cham Okery Omot, 2010AP899, District III court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party to a crime, § 939.05. The… Read more
State v. Tony Lamont Jackson, 2010AP351-CR, District 1, 12/14/10 court of appeals decision (3-judge, not recommended for publication); for Jackson: Hans P. Koesser; Jackson BiC; State Resp.; Reply Miranda – Custody Initially treated at the scene of a shooting by the police as a witness rather than suspect, Jackson voluntarily accompanied the police to the… Read more
circuit court decision (Judge Richard Sankovitz); for Henderson: Paul A. Ksicinski, SPD, Milwaukee Trial Illegal Voting, § 12.13(1)(a) – Voting Rights Acts Henderson is charged with illegal voting because he allegedly voted notwithstanding his status as a felon still under supervision (which would made him ineligible to vote). He raises as a defense the Voting Rights Act… Read more
State v. Gerard W. Carter, 2010 WI 132, reversing 2009 WI App 156; for Carter: Craig M. Kuhary; State BiC; Carter Resp.; Reply Prior DL suspension under Illinois’ “zero tolerance” law (which suspends or revokes operating privileges of drivers under legal drinking age with any alcohol concentration) satisfies § 343.307(1)(d) and therefore supports OWI enhancement, § 346.65(2). Court of appeals holding… Read more
State v. Andrew J. Bolin, 2009AP2425-CR, District 4, 11/24/10 court of appeals decision (1-judge, not for publication) The crime of lewd and lascivious behavior applies to non-consensual as well as consensual acts with another. ¶9 The language at issue is unambiguous as applied to the facts in this case. The subsection prohibits “an indecent act of sexual gratification with… Read more
