State v. Rodney Vincent McToy, 2013AP832-CR, District 1, 10/15/13, (1-judge; ineligible for publication); case activity McToy pled guilty to two charges of misdemeanor bail jumping stemming from a domestic dispute with Ms. H. The parties briefed a straightforward Gallion issue: Did the Milwaukee County Circuit Court erroneously exercise its discretion when it failed to provide… Read more
B. Trial court discretion
State v. Ali Mursal, 2013 WI App 125; case activity Before accepting a defendant’s guilty or no contest plea the court is required to advise the defendant there may be immigration consequences. Wis. Stat. § 971.08(1)(c). While that statute prescribes a text for the required warning—complete with quotation marks—the court of appeals holds in this… Read more
State v. Brandon M. Pokey, 2012AP2412-CR, District 2, 8/14/13; court of appeals decision (not recommended for publication); case activity The sentencing court did not erroneously exercise its discretion when it made Pokey, who was convicted of armed robbery of a bank, ineligible for the Earned Release Program. At sentencing the court based its decision on… Read more
State v. Danny F. Anton, 2012AP1165-CR, District 2, 4/23/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel In a fact-specific discussion that precludes summary here, the court of appeals holds Anton’s trial attorney was not ineffective for: failing to object to testimony about telephone calls between Anton and a… Read more
State v. Antoine Leshawn Douglas, 2013 WI App 52; case activity Miranda violation — interrogation by police After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the… Read more
State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7 Here, Harris’s motion alleged that his plea was… Read more
State v. Thaying Lor, 2011AP2019-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Lor: Benjamin F. Gallagher; case activity Effective Assistance of Counsel Counsel did not provide ineffective representation in the following respects: Failure to timely file motion seeking admission of complainant’s prior untruthful allegation of sexual assault. However, Lor did… Read more
State v. Scott P. Wojcik, 2011AP2568-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Wojcik: Christopher Lee Wiesmueller; case activity 90-day jail sentence for OWI-2nd (minimum 0f 5 days, maximum of 6 months) upheld as proper exercise of discretion. Trial court considered as aggravators recentness of prior OWI conviction (2008) and his seeming level… Read more
