court of appeals decision (1-judge, not for publication); pro se; case activity Plea Withdrawal – Nelson/Bentley Hearing – Exculpatory Evidence Ardell wasn’t entitled to a hearing on his postconviction plea-withdrawal motion premised on alleged suppression of exculpatory evidence. The court holds that, even assuming that the State did withhold exculpatory evidence, the motion failed to… Read more
N. Exculpatory
State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language… Read more
seventh circuit court of appeals decision, denying habeas relief in Wis COA No. 2008AP398-CR Habeas – Duty to Preserve Apparent Exculpatory Evidence Pretrial destruction of car driven by McCarthy didn’t violate State’s duty to preserve exculpatory evidence, the court rejecting McCarthy’s argument that the destruction unconstitutionally impaired his affirmative defense of brake failure (against charge of causing great bodily harm by… Read more
State v. Daniel W. Kohel, 2010AP1057-CR, District 2, 1/12/11 court of appeals decision (1-judge, not for publication); for Kohel: Andrew Mishlove; case activity; Kohel BiC; State Resp.; Reply Prosecutorial delay, measuring at least 2 years and perhaps longer, in disclosing potentially exculpatory evidence violated Kohel’s right to speedy trial and therefore supports dismissal with prejudice of… Read more
State v. Joshua Lashawn Munford, 2010 WI App 168 (recommended for publication); for Munford: Joseph L. Sommers; Munford BiC; State Resp.; Reply Munford’s claim that police destruction of his van violated due process is rejected, because the van didn’t have apparent exculpatory value. His defense against the homicide charge was that someone else fired shots that went… Read more
7th circuit court of appeals decision Habeas Review – Exculpatory Evidence Statements of three eyewitnesses, not disclosed to the defendant, that would have implicated the state’s principal eyewitness and otherwise impeached his credibility and that of 2 other state’s witnesses was “material.” It is reasonably probable that disclosure would have netted a different result, and… Read more
State v. Kyle Lee Huggett, 2010 WI App 69; for Huggett: Craig A. Mastantuono; BiC; Resp; Reply The State forfeited a potential appellate argument by conceding it in the trial court, in response to Huggett’s postconviction motion, ¶14. Unmentioned by the court: the State is the appellant. Why does that matter? Because the general rule is… Read more
