State v. George D. Taylor, 2015AP1325-CR, 4/27/17, District 1/4 (not recommended for publication); case activity (including briefs) Taylor raises a host of challenges to his felony murder conviction. The court of appeals rejects all of them except one: an ineffective assistance of counsel claim, which the court orders must be assessed at a Machner hearing. Taylor… Read more
C. Exculpatory Evidence
State v. Frank V. Blonda, 2015AP2431-CR, 4/11/17, District 1, (not recommended for publication); case activity (including briefs). M.L., the victim in this case, called her sister, Vincenza, and allegedly told her that Blonda had hit her in the head with a telephone. Vicenza reported this to the police. Later, M.L. told the DA’s victim advocate that she… Read more
State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs) Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed… Read more
Turner v. United States, USSC No. 15-1503, and Overton v. United States, USSC No. 15-1504, cert. granted, consolidated for argument and decision, 12/14/16 Question presented (as formulated by SCOTUS) Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963). Lower court opinion (for both cases): Turner, et al., v. United States… Read more
State v. A.S.W./State v. J.P.W., 2015AP2119 & 2015AP2120, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity Douglas Yanko was convicted of sexually assaulting a child. Postconviction, he sought access to the juvenile court records of the child’s brothers, A.S.W. and J.P.W., who were also charged with sexually assaulting the child. Yanko asserts there… Read more
Michael Wearry v. Burl Cain, USSC No. 14-10008, 2016 WL 854158 (per curiam) (March 7, 2016); reversing the 21st Judicial District Court, Livingston Parish, No. 01-FELN-015992, Div. A, application for writ denied, 161 So.3d 620 (La. 2015); Scotusblog page The state violated Wearry’s due process rights under Brady v. Maryland, 373 U.S. 83 (1963), by withholding evidence that… Read more
State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility. Various police officers testified… Read more
State v. Michael R. Luedtke/State v. Jessica M. Weissinger, 2015 WI 42, 4/24/15, affirming two published decisions of the court of appeals: Luedtke; Weissinger; majority opinion by Justice Gableman; case activity (including briefs): Luedtke; Weissinger Brushing aside the argument that the Wisconsin Constitution’s due process clause provides greater protection to its citizens than the federal constituiton, the supreme… Read more
