Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25 The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement. Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge… Read more
5. Particular issues
Breion S. Woodson v. Bradley Mlodzik, No. 22-3153, 2/28/25 Although Woodson has new evidence seeming to suggest he was sentenced on the basis of inaccurate information, the complex procedural rules of habeas litigation require affirmance. Woodson was convicted of “firearm and drug possession charges” in Milwaukee County. (p.1). At his sentencing, the prosecutor played a… Read more
Jared L. Spencer v. Michael Meisner, 21-cv-0326 (E.D. Wis. 4/26/24). In an intriguing habeas win, the district court swats away the usual arguments about “reliance” and “harmlessness” in order to find that Spencer’s constitutional right to be sentenced on the basis of accurate information was violated. Spencer, who has a long history of mental health… Read more
State v. Matthew Curtis Stills, 2022AP1390-CR, 2/13/24, District 1 (not recommended for publication); case activity This 2016 case out of Milwaukee County has a bit of a backstory and an unfortunate ending for Sills. In 2020, the court of appeals reversed Sills’ conviction based on a Bangert violation related to the circuit court’s failure to advise Sills… Read more
Johnnie Mertice Wesley v. Randall Hepp, No. 22-2968, 1/5/24 Wesley’s challenges to law enforcement conduct which resulted in him giving inculpatory statements fail, as the Seventh Circuit concludes that the Wisconsin Court of Appeals reasonably applied SCOTUS precedent. (See our post on the previous state court litigation here). Wesley was brought in for questioning related… Read more
Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster A long line of Supreme Court cases holds that a criminal defendant’s right to counsel attaches when he or she becomes a criminal defendant: when he or she is formally accused of a crime. Most recently, in Rothgery v… Read more
Richard Shirley v. Lizzie Tegels, 7th Circuit Court of Appeals No. 18-1713, 3/8/23 Shirley was shackled while he testified at his jury trial for 1st degree reckless homicide. In this federal habeas appeal, he argued that the shackling violated his constitutional right to present a complete defense. The 7th Circuit denied relief because no SCOTUS… Read more
State v. Graham L. Stowe, 2021AP431-CR, District 3, 02/17/23 (not recommended for publication); case activity (including briefs) Graham Stowe was found NGI in 2005 and committed to the Department of Health and Family Services for 39 years and 6 months. Between 2007 and 2019, Stowe filed 10 petitions for conditional release. The same circuit court… Read more
