On Point blog, page 36 of 71
Trial counsel’s performance at TPR trial, if deficient, was not prejudicial
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,
Admission of other-acts evidence wasn’t error; trial court properly denied mistrial motion
State v. Timothy A. Jago, 2013AP1084-CR, District 1, 2/4/14; court of appeals decision (not recommended for publication); case activity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.
No warrant, no affidavit, no worries. Failure to file suppression motion wasn’t ineffective assistance of counsel
State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity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,
Parents in TPR proceeding not prejudiced by GAL’s connections to judge and prior representation of child at CHIPS hearing
Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity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.
Sexual assault, human trafficking, and pandering charges regarding two different victims were properly joined
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.
Trial counsel’s failure to raise viable defense means defendant gets new trial
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.
Court rejects argument that waiver of counsel was involuntary because it was not “free from financial constraint”
State v. Gregory Garro, 2013AP342-CR, District 1, 12/27/13; court of appeals decision (not recommended for publication); case activity
Garro waived the right to counsel before trial after two retained lawyers withdrew because he couldn’t pay them. (3). Garro told the court he couldn’t afford the fees quoted by the lawyers, but did have some money to hire counsel. (4). After being given time to look for a lawyer he could afford,
Use of counsel in prior cases defeats defendant’s claim that he didn’t knowingly waive his right to counsel in later case
State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity
After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled guilty to it. Nor did he knowingly, intelligently and voluntarily waived his right to counsel at that time.
Trial counsel was not ineffective for failing to argue officers in resisting arrest case acted without lawful authority
State v. Andrew K. Valiquette, 2013AP909-CR, District 4, 12/19/13; court of appeals decision (1-judge; ineligible for publication); case activity
Valiquette, convicted of resisting arrest, argues the police lacked lawful authority when they moved to pat him down for weapons, and asserts trial counsel’s failure to pursue that defense was based on a misunderstanding of the applicable law. The court of appeals disagrees, concluding instead that trial counsel’s testimony indicates she made a strategic decision to focus on the issue of whether Valiquette resisted instead of whether the police were acting with lawful authority.
State v. Jimothy A. Jenkins, 2012AP46-CR, petition for review granted 12/17/13
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.