State v. Decarlos K. Chambers, 2019AP411-CR, 2021 WI 13, 2/23/21, affirming a per curiam court of appeals opinion, case activity (including briefs) SCOTUS recently held that when a client expressly asserts that he wants to maintain his innocence, defense counsel cannot override that objective and concede guilt. If counsel does, a structural error occurs, and… Read more
B. Opinions
State v. Alfonso C. Loayza, 2021 WI 11, 2/11/21, reversing a per curiam decision of the court of appeals; case activity (including briefs) The supreme court unanimously holds that the state proved by a preponderance of the evidence that Loayza was convicted of OWI in California in 1990, making his current Wisconsin offense a eighth… Read more
Waupaca County v. K.E.K., 2021 WI 9, 2/9/21, affirming an unpublished COA opinion, 2018AP1887; case activity Waupaca County sought to extend Kate’s initial commitment for one year. The County’s examiner and witnesses agreed that she had not been dangerous during her initial commitment. She had taken her medication and was doing really well. She even… Read more
State v. Brian L. Halverson, 2021 WI 7, affirming a published court of appeals opinion, 2018AP858CR; case activity (including briefs) Halverson was interrogated over the phone by a police officer while he was in jail on an unrelated matter. Wisconsin courts once treated incarceration as per se Miranda custody, believing that was the law SCOTUS… Read more
State v. Mercado, 2021 WI 2, 1/20/21, reversing a published court of appeals decision; case activity (including briefs) Mercado stood trial for sexual assault of three young girls. A video of each girl’s forensic interview was played for the jury pursuant to Wis. Stat. § 908.08. Mercado contends that none of the videos were properly… Read more
State v. Leevan Roundtree, 2012 WI 1, 1/7/21, affirming a per curiam court of appeals opinion, 2018AP594-CR; case activity (including briefs) In 2003, Roundtree was convicted of multiple felony counts of failure to pay child support. Twelve years later, police executed a search warrant at his home and found a firearm and ammunition under his… Read more
State v. Savage, 2020 WI 93, 12/23/20, reversing a court of appeals opinion; case activity (including briefs). Savage, who was homeless, claimed he received ineffective assistance of counsel when his lawyer failed to advise him that he had a defense under State v. Dinkins, 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787 before… Read more
State v. Jamie Lane Stephenson, 2020 WI 92, 12/18/20, affirming a published decision of the court of appeals; case activity (including briefs) A five-justice majority of the supreme court holds that the state does not need to present expert opinion testimony that a person subject to commitment under Chapter 980 is dangerous to others because… Read more
