State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. [continue reading…]
K.M. v. R.O., 2018AP1206, District 1, 9/18/18 (1-judge opinion, ineligible for publication); case activity
One ground for terminating a person’s parental rights is that the parent “abandoned” his child for 6 months or longer. In this case, a court ordered R.O. to have no contact with the mother of his child, which interfered with his visitation efforts. This appeal stems from the trial court’s customization of a jury instruction to address that problem and from the jury’s finding that R.O. had failed to assume parental responsibility. [continue reading…]
State v. Rafael D. Newson, 2018AP551, 9/18/18, District 1 (not recommended for publication); case activity (including briefs)
Newson claims that his trial and postconviction lawyers were ineffective for failing to raise lack of jurisdiction caused by the State’s failure to file its complaint against him before he was extradited to Arizona. He also argued that the Escalona bar should not apply given that he was in Arizona at the time of his direct appeal and his first two postconviction motions. The court of appeals did not bite on either. [continue reading…]
Justice Abrahamson has just begun her 43rd term on the Wisconsin Supreme Court. Because she has announced that this will also be her last term, SCOWstats has crunched some numbers on her. The results are impressive. Click here.
State v. Alice M. Fischer, 2018AP422-CR, 9/18/18, District 1 (1-judge opinion, ineligible for publication); case activity
This case may sound vaguely familiar. Trial counsel failed to investigate and make use of a claim against a sheriff’s sergeant, Matthew Paradise, the defendant in a civil rights action alleging that he and others conspired to create inaccurate reports leading to a false drunk driving charge against one Tanya Weyker. Turns out Paradise also stopped Fischer for OWI and testified at her trial. [continue reading…]
State v. Darrick L. Bennett, 2016AP2209-CR, 9/18/18, District 1 (not recommended for publication); case activity (including briefs)
Bennett was charged with 1st degree intentional homicide, but pled guilty to 1st degree reckless homicide. In a decision turning on facts specific to this case, the court of appeals affirmed the trial court’s decision denying (a) plea withdrawal without a hearing, (b) sentence modification based on a new factors, and (c) postconviction discovery of evidence that might have affected his sentence. [continue reading…]
On August 29, 2018, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Arthur Allen Freiboth, 2018 WI App 46 (judge doesn’t have to inform defendant during plea colloquy about mandatory DNA surcharge)
State v. Terrance Lavone Egerson, 2018 WI App 49 (“let me represent myself” wasn’t an unequivocal request by defendant to represent himself)
Petitioner v. Robert D. Evans, 2018 WI App 53 (“email volunteer system” for assigning substitute judge isn’t unlawful)
On September 26, 2018, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Norris W. Culver, Sr., 2018 WI App 55 (rejecting constitutional challenges to §§ 942.09 and 941.29)
State v. Christopher A. Mason, 2018 WI App 57 (identify theft doesn’t require some extra act of “representing” in addition to “use” of identifying documents)
State v. Sammy Joseph Hadaway, 2018 WI App 59 (writ of coram nobis available to reverse wrongful conviction)
