State v. Alejandro Herrera Ayala, 2015AP865-CR, District 3, 7/26/16 (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals affirms the circuit court’s findings that the manner in which standardized field sobriety tests were administered to Herrera Ayala was “fatally flawed” because of “significant communication issues” between the officer and Herrera Ayala… Read more
11. Defense Wins
United States v. Billy J. Robinson, Jr., 7th Circuit Court of Appeal Case No. 15-2019, 2016 WL 3947808, 7/22/16 A federal district judge’s sentencing comments “strayed so far from the record” that the Seventh Circuit Court of Appeals “cannot trace the (legitimate) reasons for Robinson’s sentence” and therefore Robinson is entitled to resentencing. Robinson was convicted… Read more
Robertson Fowler, III, v. Keith Butts, 7th Circuit Court of Appeals Case No. 15-1221, 2016 WL 3916012, 7/20/16 The Seventh Circuit holds a federal judge is always disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge. Fowler filed a federal habeas petition contending that the lawyer in his… Read more
State v. Patrick H. Dalton, 2016AP6-CR,7/20/16, Distrct 2 (1-judge opinion; ineligible for publication); case activity (including briefs) The court of appeals here holds that Dalton is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing move to suppress the test results from a warrantless blood draw. The record contains… Read more
State v. Michael R. Hess, 2015AP2423, 7/20/16, District 2 (1-judge opinion; ineligible for publication) case activity A decade after the circuit court entered a default judgment and revoked Hess’s license due to a drunk-driving event, he filed a motion to vacate per §806.07(1)(h). He claimed that he was not served with the notice of intent to revoke… Read more
State v. J.T.M., 2015AP1585, 7/19/16, District 3 (one-judge decision; ineligible for publication); case activity A detective interrogated 16-year-old J.T.M. while he was in a juvenile residential facility without first giving Miranda warnings. Because J.T.M. was in custody and wasn’t given the warnings, his statement regarding a sexual assault allegation must be suppressed. Two inquiries are essential in determining whether… Read more
State v. Patrick J. Lynch, 2016 WI 66, 7/13/16, affirming (for all practical purposes) a published court of appeals decision, 2015 WI App 2, 359 Wis. 2d 482, 859 N.W.2d 125; case activity (including briefs) A very divided supreme court once again declines to overrule State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App… Read more
State v. Timothy L. Finley, Jr., 2016 WI 63, affirming a published court of appeals decision, 2015 WI App 79, 365 Wis. 2d 275, 872 N.W.2d 344; case activity (including briefs) Reaffirming the long-standing law governing plea withdrawal that was established in State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and limiting the reach… Read more
