On Point blog, page 31 of 71
Wisconsin’s standards for determining competency for self-representation are constitutional
State v. Andrew L. Jackson, 2015 WI App 45; case activity (including briefs)
The standard established under State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997), for determining a defendant’s competency to represent himself does not violate Indiana v. Edwards, 554 U.S. 164 (2008), the court of appeals holds. The court also affirms the circuit court’s conclusions that Jackson didn’t validly waive his right to counsel and wasn’t competent to represent himself.
Failure to adequately allege prejudice is fatal to ineffective assistance claim
State v. Frank D. Roseti, 2014AP2299-CR, District 2, 4/15/15 (one-judge decision; ineligible for publication); case activity (including briefs)
A claim that trial counsel was ineffective for failing to object to an alleged discovery violation falls short because the defendant does not develop an argument as to why an objection would have prevailed.
Trial counsel found ineffective; promised defendant would testify, told jury about defendant’s sordid past, failed to elicit impeachment evidence
State v. James Richard Coleman, 2015 WI App 38; case activity (including briefs)
Coleman’s trial lawyer was ineffective for telling the jury Coleman would testify when Coleman had never said he intended to testify; for telling the jury that Coleman had a prior criminal conviction; and for failing to impeach the victim’s allegations by eliciting inconsistent statements she made to other witnesses.
Search of car upheld based on hypodermic needles in plain view and driver’s drug record
State v. Kendra E. Manlick, 2014AP2138-CR, 2014AP2626-CR, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket and briefs
Manlick was charged with possession of a controlled substance and bail-jumping after an officer, who knew of her drug record, stopped the car she was driving based on an outstanding warrant for the car’s owner, observed unsterile hypodermic needles in it, and then conducted a search yielding additional incriminating evidence. Manlick’s suppression and ineffective assistance of counsel claims failed on appeal.
SCOTUS: Brief absence of attorney during testimony regarding co-defendants wasn’t per se ineffective under United States v. Cronic
Woods v. Donald, USSC No. 14-618, 2015 WL 1400852, 3/30/15 (per curiam), reversing Donald v. Rapelje, 580 Fed. Appx. 227 (6th Cir. 2014) (unpublished); docket
Trial counsel’s absence during about 10 minutes of testimony regarding evidence relating to Donald’s co-defendants—evidence trial counsel said he had “no interest in”—did not amount to a denial of counsel at a critical stage of trial justifying a presumption of prejudice under United States v. Cronic, 466 U.S. 648 (1984). Thus, the Sixth Circuit erred in granting Donald habeas relief on that ground.
Third trial not a charm
State v. Tyron James Powell, 2014AP1053-CR, District 1, 3/24/15 (not recommended for publication); click here for docket and briefs
After obtaining two mistrials, Powell probably thought he’d get lucky the third time around. Instead, he got a conviction followed by a court of appeals decision that rejected his arguments on impeachment evidence, on the admission of his prior convictions and on his trial lawyer’s ineffectiveness for failing to file a suppression motion.
Voir dire panel “untainted” despite deputy/juror’s assertion that State had enough evidence to convict defendant
State v. Dawn M. Hackel, 2014AP1765-CR, District 4, 3/19/15 (one-judge decision; ineligible for publication); case activity (including briefs)
During voir dire at an OWI trial, a sheriff’s deputy/prospective juror said he had arrested drunk drivers, testified in drunk driving cases, and said that based on his professional training and occupation the State had sufficient evince to convict Hackel, and, therefore, she was guilty as charged. The court of appeals held this in no way tainted the jury panel heading into trial.
Improperly admitted identification evidence doesn’t merit new trial
State v. Joshua Berrios, 2014AP971-CR, District 1, 3/10/15 (not recommended for publication); case activity (including briefs)
A witness named Trevino had been barred pre-trial from identifying Berrios as the person who shot him; but on cross-examination Trevino unexpectedly testified that Berrios was the shooter. This error does not merit a new trial in the interest of justice, nor does it support a claim of ineffective assistance of counsel.
Medical examiner’s reliance on toxicology report of out-of-state lab violated defendant’s right to confrontation
State v. Jason S. VanDyke, 2015 WI App 30; case activity (including briefs)
In this prosecution for reckless homicide by delivery of heroin, VanDyke’s right to confrontation was violated where the medical examiner relied on the toxicology report of an out-of-state drug testing lab to conclude the victim had died of a heroin overdose, the toxicology report was admitted into evidence as part of the autopsy report, but no witness from the lab was called to testify about the toxicology testing.
“I was out of town at time of the crime” is an alibi, not a “simple defense”
State v. Derek J. Copeland, 2014AP929-CR, 3/5/15, District 4 (not recommended for publication); click here for docket and briefs
This case explores the line between a between a “simple defense” defined as “I was last at the scene of the crime on a date that preceded the crime” versus an “alibi” defense defined as “I was at a different location and unable to get to the scene of the crime on the date it occurred.”