State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs) Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better… Read more
29. Postconv. Motions
State v. Jeffrey C. Denny, 2017 WI 17, reversing a published court of appeals decision; 2015AP202-CR, 2/28/2017; case activity (including briefs) In State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, the supreme court unanimously held that Wis. Stat. § 974.07, the postconviction DNA testing statute, provides two routes for a convicted… Read more
Review of an unpublished court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1) May a prosecutor argue that a defendant’s refusal to submit to a breathalyzer test shows consciousness of guilt? (2) When a circuit court denies a postconviction motion based on arguably inapplicable case law, must the defendant… Read more
State v. Armin G. Wand, III, 2015AP1366-CR, 9/8/16, District 4 (not recommended for publication); case activity (including briefs) Armin Wand and his brother Jeremy were convicted of crimes relating to a fire at Wand’s residence that killed his three sons, seriously injured his wife and caused the death of the fetus she was carrying. Before he… Read more
Making a Murderer fans may be interested to see the Motion for Post-Conviction Scientific Testing that Steven Avery filed in the Manitowoc county Circuit Court on Friday. His lawyer, Kathleen Zellner, told reporters this comprehensive testing will “get to the bottom of who killed Teresa Halbach.” Click here to read Avery’s motion… Read more
State v. Jermaine D. Greer, Sr., 2015AP692, District 4, 7/21/16 (one-judge decision; ineligible for publication); case activity (including briefs) Greer filed a pro se motion for postconviction relief under § 974.06. It is his fourth postconviction motion and—like his third postconviction motion, which he also filed pro se—it argued he is entitled to withdraw his pleas. Greer doesn’t explain why the… 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
Review of a published court of appeals opinion; case activity (including briefs) Issue (from the State’s Petition for Review) Did the court of appeals misapply State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, when it held that a defendant seeking postconviction DNA testing of “relevant” evidence under § 974.07(2) need not… Read more
