On Point: C. Unpublished Opinions

Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11

court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity

Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they may have overheard, wasn’t deficient performance, ¶12. Nor was it prejudicial, given that he “offers no evidence,

State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11

court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity

¶17      Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did not have competence to enter 
the January 31,

State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11

court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity

Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job to create doubt”) warranted neither mistrial, ¶¶15-16 (especially in light of curative instruction);

State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11 

court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity

By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial.

¶27      In accordance with Cummings, Hudson was repeatedly warned by the court—and by outgoing counsel—that Carns would be his final attorney and that Hudson therefore needed to cooperate with him.  

State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11

court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity

Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to object to the concededly erroneous inclusion of “party to a crime”

State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11 

court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity

Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State v. DeLao, 2002 WI 49,

Shelly J. v. Leslie W., 2011AP753, District 4, 7/28/11

court of appeals decision (1-judge, not for publication); for Shelly J.:  Amy J. Lamerand Zott; case activity

Shelly’s motion to reopen her TPR judgment, 7 years after she successfully petitioned for voluntary termination, was untimely under the 1-year deadline imposed by § 806.07(1)(a) and (c), nor did she show “extraordinary circumstances” under subs. (h). As to her claim that the judgment was void under subs.

State v. Jeremy M. Bootz, 2010AP2795-CR, District 2, 7/27/11

court of appeals decision (1-judge, not for publication); for Bootz: Craig S. Powell; case activity

Counsel “had no obligation to object to” the testimony of “a bona fide rebuttal witness,” hence didn’t perform deficiently.

The court summarizes ground-rules relative to rebuttal witnesses, overarching principles being: “A bona fide rebuttal witness is a witness whose testimony only becomes necessary and appropriate after the defense presents its case-in-reply. 

State v. Juan I. C., 2010AP3114, District 4, 7/21/11

court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity

Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return.

¶11      On the disputed issue of whether Juan repeatedly assured Max and JeVaughnte that he would either return the iPod or pay for it,

D’Ann K. v. Benjamin J. G., 2010AP1655, District 4, 7/20/11

court of appeals decision (1-judge, not for publication); for Benjamin J.G.: Gina Frances Bosben; case activity

With failure to assume parental responsibility as the ground for termination, Benjamin G. “argues that the court did not properly apply the totality of the circumstances test established in Tammy W-G. because it failed to consider Benjamin’s testimony that D’Ann [the guardian] failed to return his phone calls.”