by admin
on February 28, 2021
S.K. v. S.S., 2020AP277, District 3, 2/26/21 (one-judge decision; ineligible for publication); case activity (briefs not made available)
S.S. (or “Susan,” to use the court’s pseudonym) isn’t entitled to a new TPR grounds trial based on her trial attorney’s failure to object to the admission of testimony she argues was irrelevant “other-acts” evidence. Even if trial counsel was deficient for failing to object (and the court doesn’t necessarily agree that’s the case (¶16 n.4), there was overwhelming evidence that Susan’s conduct constituted both abandonment and failure to assume parental responsibility. Thus, she has not proven prejudice, so her ineffective assistance of counsel claims fails. (¶¶16-25).
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by admin
on February 27, 2021
State & T.A.J. v. Alan S. Johnson, 2019AP664-CR, petition for review of a published court of appeals decision granted 2/26/21; case activity (including briefs)
Issues presented (from Johnson’s PFR)
Does an alleged victim in a criminal case have standing under the 2020 crime victims’ rights constitutional amendment to submit legal arguments in opposition to the defendant’s motion for in camera review pursuant to the Shiffra/Green line of cases?
Did the 2020 constitutional amendment apply retroactively to a case that was commenced before the amendment was ratified?
[continue reading…]
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by admin
on February 26, 2021
State v. Timothy D. Wright, 2020AP1578, 2/25/2021, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
Wright worked at Christmas Mountain. Over the course of a couple of months he allegedly directed several racist and threatening rants at colleagues, including threats to kill some of them. A supervisor eventually called the police, and Wright was fired and charged with four counts of disorderly conduct. He eventually pleaded to two with the other two read in. The circuit court ordered Wright to pay $14,755 in restitution to the corporation that owns Christmas Mountain at $100 per month. Wright argues this was improper for three reasons: because the corporation was not statutorily a “victim” of his conduct; because the claimed damages–the cost to hire armed guards after he was fired–were not “special damages … which could be recovered in a civil action”; and because the circuit court failed to consider his inability to pay. [continue reading…]
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by admin
on February 26, 2021
Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity
Issues for review:
1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal.
2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence.
3. Whether S.A.M. was denied procedural due process because the county failed to provide particularized notice of the basis for his recommitment. including which standard of dangerousness was being alleged.
4. Whether this court has the authority, through its “superintending and administrative authority over all courts” (Wis. Const. art. VII, § 3(1)) and/or its authority to “regulate pleading, practice, and procedure in judicial proceedings in all courts” (Wis. Stat. § 751.12(1)), to require the court of appeals to expedite the disposition of appeals under Wis. Stat. ch. 51, or in some other manner to ensure that appellants under Wis. Stat. ch. 51 receive an appeal that addresses the merits of the appellants’ contentions?*
[continue reading…]
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by admin
on February 26, 2021
Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity
Issue for review:
Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause to appoint new counsel, does that reset the 48 hours for demanding a jury trial? [continue reading…]
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by admin
on February 25, 2021
On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases:
State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person)
State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel)
State v. Todd N. Triebold, 2021 WI App 13 (nonresident can be convicted in Wisconsin for violating sex offender registration law)
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by admin
on February 25, 2021
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 the client automatically gets a new trial. McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018). This appeal had the potential to clarify whether McCoy altered Wisconsin law on this subject. See our post on McCoy. Alas, this decision does not address Wisconsin law. Instead, SCOW unanimously affirms that defense counsel did not concede her client’s guilt. [continue reading…]
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by admin
on February 19, 2021
State v. Marshun Dante Jackson, 2019AP2091, 2/17/21, District 3 (not recommended for publication); case activity (including briefs)
Jackson pleaded to being part of a conspiracy to commit fraud (passing bad checks) against a bank in Dunn County. Then he was charged in St. Croix county with committing fraud against a bank there (initially this was also charged as a conspiracy, but ultimately he pleaded to the fraud itself as party to the crime). Both offenses occurred on the same date, and Jackson claims that the dual prosecutions violated both his constitutional right against double jeopardy and a statutory provision forbidding conviction of both conspiracy to commit a crime and the underlying crime itself. The court of appeals rejects both claims, holding that the conspiracy covered by the Dunn County charge didn’t encompass the acts in St. Croix County. [continue reading…]
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