On Point: a. Prejudice found

State v. Fontaine Washington, 2011AP2462-CR, District 1, 1/17/14; court of appeals decision (not recommended for publication); case activity

Washington fled from officers trying to stop the car he was driving. (¶2). Before Washington was finally stopped and arrested, the officers in pursuit saw him throw something “shiny” out the car window; a search of the area where the object was thrown turned up a gun about 30 feet off the roadway.

Review of an unpublished, per curiam court of appeals decision; case activity; State’s petition for review

Issues (from the State’s petition):

State v. Marker Alan Sperber, 2013AP358-CR, District 3, 10/15/13 (not recommended for publication); case activity

This appeal turns on Wis JI-Criminal 2670, which explains the 5 elements of the crime the Sperber was charged with–a hit and run causing death to the victim.  The 2nd element requires that the defendant know that his vehicle was involved in an accident involving a person.  The problem here was that Sperber was driving in the dark on wet roads flanked by blackened snowbanks.  

Amy W. v. David G., 2013 WI App 83; case activity

David G.’s parental rights were terminated in a proceeding commenced by the child’s mother. He filed a timely notice of intent to pursue postdisposition relief, but his appointed appellate counsel failed to file a notice of appeal before the deadline. (¶3). That deadline cannot be extended because the legislature has decreed that the time for filing an appeal in a TPR case may not be enlarged when the petition was filed by someone other than “a representative of the public.”

State v. Jeremiah J. Purtell, 2012AP1307-CR, District 2, 3/7/13  (not recommended for publication); petition for review granted 11/20/13.  Case activity.

This case concerns a probation agent’s search of the defendant’s computers.  Following a conviction for 2 counts of animal cruelty, a court placed the defendant on probation and imposed a condition that he not own or possess a computer. 

seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009)

A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an elastic band). The defense had potential,

seventh circuit decision

Habeas Procedure – Appellate Jurisdiction 

Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction:

… The district court’s February 3, 2012 judgment thus had retroactive legal effect back to August 26,

State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12

court of appeals decision (not recommended for publication); case activity

Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.”

 ¶17      Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any meaningful way was deficient because it was not,

Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12

court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity

By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance.

¶10      We disagree that counsel’s performance was “not ineffective.”  In the face of summary judgment that would deprive Marcy of a jury determination on her failure to assume parental responsibility,

State v. Ralph S. Stewart, 2011AP1424-CR, District 1, 5/15/12

court of appeals decision (not recommended for publication); for Stewart: Byron C. Lichstein; case activity

Counsel’s failure to impeach police officers, with their own reported statements, was deficient:

¶17      While matters of trial strategy are generally left to counsel’s professional judgment, counsel may be found ineffective if the strategy was objectively unreasonable.  See State v.