Kathleen N. v. Brenda L. C., 2010AP2737, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Brenda isn’t entitled to a new TPR trial in the interests of justice, notwithstanding a line of inquiry that went to the respective financial capabilities of Brenda… Read more
A. Type pf PCM
on review of summary order (District 2); for Negrete: Jeffrey W. Jensen; case activity Plea Withdrawal – Collateral Attack – Deportation Consequences Issues (Composed by On Point): 1. Whether the laches doctrine bars Negrete’s motion to withdraw his guilty plea, 18 years after he entered it. 2. Whether Negrete’s assertion that he didn’t know his… Read more
State v. Kenneth M. Davis, 2011 WI App 147 (recommended for publication); for Davis: Robert R. Henak; case activity; reissuance after prior decision withdrawn Several items of testimony, coming to light after trial, directly contradict the trial testimony of the main State’s witnesses, leading the court to conclude that the real issue in controversy – Davis’s… Read more
Newly Discovered Evidence: New Forensic Method, Photogrammetric Analysis; Interest-of-Justice Review
State v. Brian K. Avery, 2011 WI App 148 (recommended for publication), supreme court review granted, 2/23/12; for Avery: Keith A. Findley; case activity; prior 974.06 appeal: 2008AP500-CR; direct appeal: 1997AP317 Newly Discovered Evidence – New Forensic Method – Photogrammetric Analysis Expert photogrammetric opinion, derived from video enhancement technology (“VISAR”) not commercially available until after Avery’s trial… Read more
State v. Paschall Lee Sanders, 2011 WI App 125 (recommended for publication); for Sanders: Ellen Henak, SPD, Milwaukee Appellate; case activity The definitions of “mental disorder” in since-amended pattern instruction Wis JI—Criminal 2502 (2009), though concededly contradictory, didn’t prevent from being tried the issue of whether Sanders qualified for commitment as a sexually violent person: ¶14 As we… Read more
Florence County Department of Human Services v. Jennifer B., 2011AP88, District 3, 8/19/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, Shelley Fite, SPD, Madison Appellate; case activity Removal from jury consideration of a ground for termination (CHIPS orders) without prior discussion between court and parties was error: ¶10 While… Read more
State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more
Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11 court of appeals decision (1-judge, not for publication); for Shelly J.: Amy J. Lamerand Zott; case activity Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances”… Read more
