On Point: 2. Prejudice

Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity

Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting;  and 2) the petitioner’s “golden rule” rule argument during closing, which asked the jurors to view the case as if the child were their own, thus improperly asking the jurors to “internalize and personalize the case,

State v. Timothy A. Jago, 2013AP1084-CR, District 1, 2/4/14; court of appeals decision (not recommended for publication); case activity

Trial counsel was not ineffective for failing to move in limine to exclude other-acts evidence–specifically, evidence that Jago told the victim he has only pointed a gun at two people in his life, the victim and the man he killed in Illinois. (¶¶4, 16, 19). Jago’s trial lawyer reasonably relied on an agreement with the prosecutor to keep this statement out of evidence.

State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity

Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility.  On appeal he argued that his trial counsel was ineffective for failing to: (1) move to suppress buccal swab evidence obtained without a warrant, (2) move to suppress penile swab evidence because the warrant for it was not supported by an affidavit,

Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity

This is an appeal from an order terminating a couple’s parental rights to their daughter.  They claimed their trial lawyer provided ineffective of assistance of counsel by failing to object to the admission of various types of evidence.  The court of appeals quickly disposed of those errors through repeated findings that counsel’s performance was not deficient–which is one of the two requirements for ineffective assistance of counsel per A.S.

State v. Jermaine L. Rogers, 2013AP992-CR & 2013AP993-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication); case activity: 2013AP992-CR; 2013AP993-CR

The trial court properly exercised its discretion in granting joinder under § 971.12(1) of two cases involving human trafficking, sexual assault, attempted pandering, and child enticement charges against two different victims, P.R. and K.D. Relying primarily on State v.

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 unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

In deciding whether trial counsel was ineffective for failing to call a witness, did the postconviction court err by deciding trial counsel’s failure to present the witness was not prejudicial because the witness was not credible?

Unlike electronically filed briefs in criminal cases, petitions for review are not available on the court’s website.

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. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity

Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her several years ago, when she was a child. (During one conversation J.R. wore a wire and spoke with Figueroa in person;

State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity

Admission of other acts evidence

Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the state moved to admit the testimony of Sarah and Gail,