On Point blog, page 13 of 49
SCOW: Threat to add new charges during trial didn’t bar the filing of those charges after mistrial
State v. James P. Killian, 2023 WI 52, 06/21/23, reversing a published court of appeals decision; case activity (including briefs)
The state’s threat to add new charges against Killian during a trial that ended in a mistrial didn’t expand the scope of the protection against double jeopardy to those new charges.
SCOW reaffirms that trial counsel’s strategic decisions are given deference only if they are reasonable
State v. Jovan T. Mull, 2023 WI 26, 4/4/23, reversing a per curiam decision of the court of appeals; case activity (including briefs)
The supreme court rejects Mull’s claims that his trial lawyer was ineffective at his trial, though it reaffirms that trial counsel’s strategic decisions are not given automatic deference, but are judged for their objective reasonableness under all the circumstances.
Purported lack of prejudice dooms constitutional speedy trial claim
State v. Ned Guerra, 2022AP2098-CR, 7/19/23, District 2 (1-judge decision; not eligible for publication); case activity (including briefs)
Twenty-0ne months passed between the filing of the criminal complaint and Guerra’s trial. The delay was caused by a state’s witness’ temporary unavailability and the circuit court’s COVID-based backlog of higher-priority trials. While Guerra clearly asserted his right to a speedy trial, the court affirms the circuit court’s denial of Guerra’s motion to dismiss because “there is no evidence that Guerra was prejudiced by the delay.” Opinion, ¶23.
COA affirms conviction that results in LWOP sentence
State v. Alvin James Jemison, Jr., 2021AP2207-CR, 7/18/23, District 1 (not recommended for publication); case activity (including briefs)
After a jury trial, Jemison was convicted of second-degree sexual assault of an unconscious person (Teresa) as a repeater – serious sex crime and sentenced to life in prison without the possibility of release to extended supervision. See Wis. Stat. § 939.618(2)(b). After the circuit court denied his postconviction motion without a Machner hearing, Jemison raised three claims on appeal: (1) the evidence was insufficient to support the completed sexual intercourse charge, (2) the court erred in its admission of other acts evidence, and (3) the court erroneously denied his claims without an evidentiary hearing. The court of appeals rejects each of Jemison’s claims and affirms.
COA overlooks procedural bar, State’s failure to file to a response brief; affirms based on well-settled plea withdrawal case law
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.
Parent’s challenges to TPR order affirmed under deferential standard of review
State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail.
COA affirms extension of involuntary mental commitment order, order for involuntary medication, entered in absentia based on its understanding of binding precedent
Waukesha County v. M.A.C., 2023AP533, District II, 7/28/23, petition for review granted 12/12/23; reversed 7/5/24; 1-judge decision ineligible for publication; case activity (briefs not available)
In a Chapter 51 case with troubling due process implications, COA is compelled to affirm by virtue of what it believes to be binding precedent.
SCOW reverses COA and finds that circuit court exercised “sound discretion” when it granted a mistrial based on evidence later found to be admissible
State v. Mitchell D. Green, 2023 WI 57, 6/29/23, review of an unpublished court of appeals decision; habeas granted, No. 24-2980; case activity (including briefs)
In yet another reversal of a defense win, a divided Court upholds the circuit court’s exercise of discretion, despite serious criticisms of the circuit court’s reasoning made by the dissenters.
Circuit court properly exercised discretion when it entered an individualized order terminating parental rights of one parent
State of Wisconsin v. J.L.A., 2023AP424, District I, 6/27/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In a TPR appeal with a typically tragic fact pattern, the court of appeals defers to the circuit court’s decision to terminate “Julia’s” parental rights.
Circuit court did not erroneously exercise its discretion in denying criminal defendant access to juvenile records
Manitowoc County H.S.D. v. T.H., 2022AP1631, District II, 7/5/23, 1-judge decision ineligible for publication; case activity (briefs not available)
Applying a deferential standard of review, the court of appeals rejects T.H.’s attempts to obtain CPS records he claims are essential to present a complete defense in a related criminal case.