On Point: 18. Postconviction decisions

State of Wisconsin v. D.R.-R.D.J. 2024AP2406, 10/8/25, District II (ineligible for publication); case activity

In an imposingly lengthy opinion involving an interesting choice of counsel claim (among many others), COA rejects arguments that “Diane” was denied her rights to counsel of choice and to the effective assistance of counsel and affirms.

State v. Johnny Ray Martin, 2023AP603, 5/28/25, District III (1-judge decision, ineligible for publication); case activity

COA rejects Martin’s claims that the circuit court erroneously exercised its discretion by denying his attempt to impeach the alleged victim with her prior recantation of a separate incident, and that defense counsel was ineffective by failing to adequately investigate the recantation, prepare to address the recantation at trial, and argue the issue under the correct legal theory.

State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity

In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and the term of his incarceration.

State v. William J. Buffo, 2022AP1803-4-CR, District IV, 7/13/23, 1-judge decision ineligible for publication; case activity (briefs available)

In another messy pro se appeal, COA overlooks the State’s failure to file a response brief and affirms the circuit court’s “evidently correct” decision.

State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs)

The news, in this otherwise run-of-the-mill case, is the standard of review. 

Go: here.