State v. Larry L. Garner, 2016AP2201-CR, 4/17/18, District 1 (not recommended for publication); case activity (including briefs) The State charged Garner and 3 other co-defendants with 2 counts of armed robbery use of force, PTAC, and felony murder, PTAC. The trial court ordered separate trials. A mistrial occurred due to juror misconduct, so the court… Read more
3. Harsh and excessive
State v. Ricardo L. Conception, 2016AP1282-CR, 3/28, District 2 (not recommended for publication); case activity (including briefs) Concepcion pled to 10 counts of possession of child pornography. The court of appeals affirmed the denial of his suppression motion because the search of his home was a private-party search, not a government search. It also held… Read more
State v. Curtis L. Walker & State v. Omer Ninham, 2016AP1058 & 2016AP2098, Districts I & III, 3/6/18; case activity (including briefs): Walker; Ninham Issue: We certify these appeals to determine whether Wisconsin case law regarding life sentences without parole for juvenile murderers comports with recent pronouncements from the United States Supreme Court, and whether the sentencing courts… Read more
Happily Wisconsin does not have the death penalty, so SCOTUS’s decision to grant cert in Madison v. Alabama, USSC No. 17-7505, is not directly relevant to our clients. But the issues for review, pasted in below are certainly interesting. Madison’s counsel of record is Bryan Stevenson of the Equal Justice Initiative. (1) Whether, consistent with… Read more
State v. Nathan J. Paape, 2015AP2462-CR, District 2, 6/28/17 (not recommended for publication); case activity (including briefs) Paape and a co-defendant, Antonio Barbeau, were convicted as adults for a first degree intentional homicide they committed when they were 13 years old. Both received the mandatory life sentence and both were granted eligibility under § 973.014(1g)(a)2. to… Read more
Virginia v. Dennis LeBlanc, USSC No. 16-1177, 2017 WL 2507375 (June 12, 2017), reversing LeBlanc v. Mathena, 841 F.3d 256 (4th Cir. 2016); Scotusblog page (including links to briefs and commentary) Although this is a per curiam decision and it’s decided under the rubric of federal habeas review, the upshot of this opinion is that states… Read more
State v. Jesse T. Riemer, 2017 WI App 48; case activity (including briefs) In what appears to be the first case of its kind, the court of appeals addresses the standard for reviewing the sentence imposed on a member of the Wisconsin National Guard after he was convicted of various offenses. Concluding it should apply the same… Read more
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all. Allen and four… Read more
