H. Modification/Review

State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11  court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more

State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently. Decision not to make opening statement was reasonable strategy, given that the defense didn’t plan to call any witnesses but instead intended “to put the State to its… Read more

State v. Guadalupe Jose Rivas, 2010AP2777-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Rivas: George Tauscheck; case activity ¶5        Rivas argues that four instances of inaccurate information mentioned by the trial court at his sentencing require resentencing:  (1) the trial court believed that Rivas had five prior felonies when he had only… Read more

court of appeals decision (not recommended for publication); for Linssen: Thomas C. Simon; case activity Sentence Review – Harsh & Excessive  Sentence to maximum term of confinement for felony theft and forgery wasn’t harsh and excessive, notwithstanding lack of prior criminal record. ¶23      Linssen has failed to provide clear and convincing evidence that the sentencing court… Read more

State v. Jeffrey D. Knickmeier, 2011AP368-CR, District 4, 11/25/11 court of appeals decision (1-judge, not for publication); pro se; case activity The court upholds the sentence – 2, concurrent 6-month jail terms for theft by bailee – of disbarred attorney Knickmeier. The court patiently discusses each of Knickmeier’s challenges to sentencing discretion (some of which… Read more

State v. Orbin B. Harris, 2011 WI App 130 (recommended for publication); for Harris: Matthew S. Pinix; case activity Good-time credit may not be earned on a  jail sentence for a violent offense being served in prison: ¶1       Orbin B. Harris appeals the judgment convicting him of battery and intimidation and the… Read more

DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity ¶2        The primary issues we address on this appeal and their resolution are as follows: I.                   In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of… Read more