State v. Daniel G. Scheidell, 2015AP1598-CR, 3/29/17, District 2 (not recommended for publication); case activity (including briefs)
Congrats to the Remington Center for a winning a new trial in the interests of justice based on newly-discovered, 3rd-party perpetrator evidence 19 years after Scheidell was convicted of 1st degree sexual assault and armed robbery. Even better, their win was affirmed on appeal! [continue reading…]
Kenosha County DHS v. C.D.K., 2015AP2179, 3/30/17, District 2 (one-judge decision; ineligible for publication); case activity
C.D.K. entered a plea to grounds for termination of her parental rights, and eventually, they were terminated. She claims on appeal that her trial counsel failed to advise her competently about the decision to admit grounds, and that she did not understand certain information, rendering her admission not knowing, intelligent and voluntary. [continue reading…]
State v. Karl W. Nichols, 2016AP88-CR, 3/20/17, District IV (not recommended for publication); case activity (including briefs)
Nichols was convicted, at trial, of a sexual assault of a four-year-old child; the child did not report the alleged assault to anyone until she was 10 years old. Nichols’s postconviction motion alleged that the state had failed to turn over a list, prepared by the child, of changes she wished to make to statements she made during her first forensic interview. The circuit court found the state had acted in bad faith in withholding the list, vacated Nichols’s conviction, and dismissed the charges with prejudice. The court of appeals now reverses and remands for the circuit court to consider Nichols’s sentence modification claim. [continue reading…]
The Texas court had applied what’s been called “the Lennie standard”; today the high Court holds that this test disregards current medical standards and is thus invalid. For more, see our post on the cert grant.
State v. Peter J. Long, 2016AP729, 3/28/17, District 1 (one-judge decision, ineligible for publication); case activity (including state’s brief)
Peter Long filed a Wis. Stat. § 974.06 arguing that his sentence for OWI-4th should be commuted or modified to the maximum sentence for an OWI-3rd, because one of his priors was uncounseled. [continue reading…]
State v. Desmond Anthony Mattis, 2016AP982, 3/28/17, District 3 (one-judge decision; ineligible for publication); case activity (including state’s brief)
Desmond Mattis raises three issues in this appeal of the circuit court’s denial of his Wis. Stat. § 974.06 motion. The court of appeals rejects them seriatim. [continue reading…]
Today’s edition of SCOWstats studies the Wisconsin Supreme Court’s use of stare decisis and reveals what superb trainers our justices are!
