On Point: b. Not found

State v. Ricardo L. Conception, 2016AP1282-CR, 3/28, District 2 (not recommended for publication); case activity (including briefs)

Concepcion pled to 10 counts of possession of child pornography. The court of appeals affirmed the denial of his suppression motion because the search of his home was a private-party search, not a government search. It also held that Concepcion’s sentence (9 in, 6 out) was not unduly harsh, and his trial counsel did not perform deficiently by failing to tell the sentencing court that he is a “hero” of “exemplary character and stature.”

State v. Daniel Wilson, 2017AP813-CR, 3/27/18, District 1 (not recommended for publication); case activity (including briefs)

This appeal raises, among others things, a novel issue specific to child sexual assault cases. Is the State actually required to prove the 2nd element of repeated child sexual assault–that at least 3 assaults took place “within a specified period of time” as §948.025(1)(b) plainly states? Or is it relieved of that burden by virtue of various opinions holding that the State does not have to prove the “specifics” of a child sexual assault?

State v. Dakota R. Black, 2017AP837, 3/22/18, District 4 (not recommended for publication); case activity (including briefs)

A jury convicted Black of the homicide of B.A.T., a five-year-old child in his care; the child was bruised and died of subdural hemorrhages. Black defended on the theory that the child’s injuries came in a fall, either on the stairs or on the playground.

State v. Terrance Lavone Egerson, 2016AP1045-CR, District 1, 2/27/18 (not recommended for publication); case activity (including briefs)

Egerson moved to withdraw his pleas, alleging his trial lawyer was ineffective for failing to challenge the domestic abuse repeater enhancers appended to the charges Egerson faced. According to Egerson, those enhancers never applied, so he was overcharged and led to believe his sentencing exposure was greater than it was. The court of appeals holds trial counsel wasn’t deficient because the complaints supported charging them and, in any event, Egerson hasn’t shown prejudice.

State v. Lee Vang, 2017AP75-77-CR, District 1, 2/20/18,(not recommended for publication); case activity (including briefs)

Vang argued that his trial was ineffective in failing to object to (1) a police officer’s hearsay testimony about the victim’s statements to him; (2) his own testimony on direct about participating in an illegal street race for money; and (3) the State’s question about the local Fox News station mentioning him on a segment called “Wisconsin’s Most Wanted.”  The court of appeals affirmed the circuit court’s decision to deny Vang a Machner hearing on the first 2 claims for failure to show prejudice and on the third claim for failure to show deficient performance.

State v. Orlando Lloyd Cotton, 2016AP2211-CR, District 1, 2/13/18 (not recommended for publication); case activity (including briefs)

Cotton was convicted of being party to the crime of possession of cocaine and marijuana with intent to deliver and keeping a drug house. He unsuccessfully argues the evidence wasn’t sufficient to convict him and that his trial lawyer was ineffective.

State v. Ginger Breitzman, 2017 WI 100, 12/1/17, affirming an unpublished court of appeals decision; case activity (including briefs)

Breitzman was convicted at trial of several counts of child abuse (for physical assaults) and neglect of her son, J.K. She was also convicted of a charge of disorderly conduct for an incident inside their home in which she called him a “fuck face,” a “retard,” and a “piece of shit.” The lead issue is whether her trial lawyer was ineffective for not trying to get the DC dismissed because her words were protected by the First Amendment. The court refuses to decide.

State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity

During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it was impossible for her to perform a condition for return of her kids and to assume parental responsibility due to her incarceration.  The court planned to rule on these requests just before trial, but, oops, that did not happen.

State v. Eric L. Moore, 2016AP1292-CR, District 1, 10/31/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Moore’s right to confrontation wasn’t violated by the admission of the recording of a 911 call about an incident in which Moore was alleged to have committed battery against A.J. Nor was Moore’s lawyer ineffective for deciding not to elicit information that A.J. later recanted that allegation of battery.

Dane County DHS v. N.C., 2017AP788, District 4, 9/21/17, District 4 (1-judge opinion, ineligible for publication); case activity

N.C. filed a postdisposition motion challenging the circuit court’s termination of her parental rights to M.M. She argued, among other things, that her trial lawyer was ineffective in failing to have the termination order entered as voluntary, rather than involuntary.