State v. Julius C. Burton, 2013 WI 61, affirming unpublished court of appeals decision; unanimous opinion by Justice Prosser; case activity In a case of interest primarily, if not exclusively, to lawyers handling postconviction proceedings in state courts, the supreme court holds Burton’s plea withdrawal motion was insufficient to merit an evidentiary hearing because it… Read more
29. Postconv. Motions
State v. Joseph Jordan, 2011AP1249, District 1, 6/25/13; case activity; (not recommended for publication). What a challenging case. A jury convicted Jordan of first-degree reckless homicide and other crimes. He lost his direct appeal and then filed a pro se §974.06 motion requesting various forms of relief, including a new trial based on: (a) newly-discovered evidence, and (b) ineffective assistance of counsel… Read more
State v. Michael T. O’Haver, 2011Ap2930-CR, District 2/4, 6/20/13; court of appeals decision (not recommended for publication); case activity Change of venue The circuit court did not erroneously exercise its discretion in denying O’Haver’s motion to change venue, applying State v. Albrecht, 184 Wis. 2d 287, 306, 516 N.W.2d 776 (Ct. App. 1994). There were… Read more
State v. Alvernest Floyd Kennedy, 2012AP523-CR, District 1, 4/9/13, court of appeals decision (not recommended for publication), petition for review granted 2/19/14, affirmed, 2014 WI 132; case activity Terry stop — reasonableness of length of detention; arrest –probable cause Kennedy was the driver of a car that struck a pedestrian. (¶¶3-5). After about 30 minutes on… Read more
State v. Romey J. Hodges, 2012AP1330, District 1, 3/26/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied Hodges’s § 974.06 motion alleging that trial counsel was ineffective for failing to investigate, and properly advise Hodges regarding, a self defense claim. Based on the record Hodges has not shown… Read more
State v. Ryan L. Kohlhoff, 2012AP1144-CR, 2/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Plea withdrawal – information about collateral consequences of plea Plea colloquy telling Kohlhoff that, if he pled no contest to a misdemeanor crime involving domestic violence, he would “lose [his] right to carry a firearm under federal law”… Read more
State v. Douglas H. Stream, Case No. 2011AP2051, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity The circuit court properly denied the defendant’s Wis. Stat. § 974.06 postconviction motion, which claimed that his trial lawyer was ineffective for not objecting to references to the truthfulness of his confession during a… Read more
State v. Brian Avery, 2013 WI 13 (Wis. S. Ct. 1/30/13), reversing 2011 WI App 148; case activity The supreme court affirms the trial court’s denial of Brian Avery’s Wis. Stat. § 974.06 motion for a new trial based on newly discovered evidence, concluding there isn’t a reasonable probability a jury would have a reasonable… Read more
