State v. A.G., 2021AP1476, 2/15/22, District 1 (1-judge opinion; ineligible for publication); case activity Wonders never cease. Parents virtually never win TPR appeals no matter how strong their arguments are. Yet here A.G. wins an evidentiary hearing on not one but two claims that his “no contest” plea was not knowing, intelligent and voluntary. A.G… Read more
11. Defense Wins
Julie C. Valadez v. Hon. Michael J. Aprahamian, 2021AP994, 2021AP1186, and 2021AP1436; 2/2/22, District 2 (1-judge opinions, ineligible for publication); case activity for 2021AP994, 2021AP1186, and 2021 AP1436 (including briefs) In a child custody battle, the circuit court found Valadez, pro se, in contempt of court for: (1) sending it ex parte emails after being… Read more
Hemphill v. New York, USSC No. 20-637, 142 S.Ct. 681, 1/20/22 reversing and remanding People v. Hemphill, 150 N.E.3d 356; Scotusblog page (including links to briefs and commentary) New York charged Hemphill with a homicide; a stray 9mm bullet fired after a fight in the street had killed a child. Hemphill’s defense was that another… Read more
State v. T.A., 2020AP1350, 12/28/21, District 3 (1-judge opinion, ineligible for publication); case activity Tanner (16) had sex with a girl (16) after she told him to “stop.” The circuit court adjudicated him delinquent and imposed but stayed a requirement that he register as a sex offender. Subsequently, the court lifted the stay and ordered… Read more
State v. Nestor Luis Vega, 2021AP126-CR, District 4, 12/23/21 (not recommended for publication); case activity (including briefs) Vega testified at his trial on drug delivery charges and denied he had sold drugs to the informant and that the informant was not telling the truth. (¶12). On cross examination, the prosecutor, over defense counsel’s objections, asked… Read more
State v. Carl Lee McAdory, 2021 WI App 89; case activity (including briefs) McAdory was charged with driving with a detectable amount of restricted controlled substances—cocaine and THC—and driving under the influence of those substances. At trial, the state convinced the trial judge to modify the standard jury instruction for the latter charge, Wis. J.I.—Criminal… Read more
State v. Nietzold, 2021AP21-CR, 12/9/21, District 4 (not recommended for publication), petition for review granted 4/13/22; case activity (including briefs) The State admits that it made a sentencing recommendation that breached the parties’ plea agreement. It claimed that the breach was not “material and substantial” because after the defendant objected it withdrew the recommendation. The… Read more
State v. B.M., 2021AP501-FT, 12/14/21, District 3 (1-judge opinion, ineligible for publication); case activity A court found “Brandon” delinquent and placed him on juvenile supervision. It said that if the State wanted electronic monitoring it could “schedule further proceedings and we’ll take that up.” But then the written order directed that he “shall participate in… Read more
