On Point

State v. Michael A. Keister, 2019 WI 26, 3/19/19, reversing a court of appeals order dismissing the appeal and vacating a circuit court order; case activity (including briefs)

The statute providing for grants to set up treatment courts, § 165.95, does not create a fundamental liberty interest for defendants to participate in treatment court and does not itself need to define the procedures for expulsion from treatment court.

State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs)

State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court holds that rule is inconsistent with cases holding that an inmate who is mistakenly released from custody continues to serve his or her sentence, and so is entitled to credit for the time he or she was at liberty.

State v. Marshawn Terell Johnson, 2017AP2445-CR, District 3, 3/19/19 (not recommended for publication); case activity (including briefs)

In sentencing Johnson for possession of heroin with intent to delivery, the circuit court remarked that he’d traveled to Superior from Chicago to commit his crime. The sentencing court’s consideration of that fact did not violate the Privileges and Immunities Clause of the U. S. Constitution.

State v. Harvey A. Talley, 2018AP786-CR, 2018AP787-CR, & 2018AP788-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs)

Talley, who was convicted of first degree sexual assault causing pregnancy in violation of § 940.225(1)(a), argues trial counsel was ineffective for failing to elicit testimony from A.D., the complainant, the reasons why she initially falsely alleged Talley had forcible, nonconsensual sex with her. The court of appeals holds trial counsel’s strategy in questioning A.D. was reasonable.

State v. Daniel W. Morse, 2018AP1293-CR, District 1, 3/19/19 (one-judge decision; ineligible for publication); case activity (including briefs)

Morse challenges his convictions for three counts of misdemeanor theft by embezzlement, but the court of appeals holds he’s waived his challenges by pleading guilty.

State v. Angela L. Staten, 2018AP1506-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs)

Staten and her two co-defendants engaged in a course of tax fraud that netted them over $200,000 in tax refunds that didn’t belong to them. Staten, the first of the three sentenced, argues that her sentence was unduly harsh compared to her co-defendants’ sentences and that the sentencing court erroneously exercised its discretion in changing its mind at the very end and ordering prison rather than probation on two of the counts. The court of appeals rejects her challenges.

State v. Arttistis B. Hall, 2018AP1522-CR, District 1, 3/19/19 (one-judge decision; ineligible for publication); case activity (including briefs)

After failing to comply with a family court child placement order, Hall was charged with two felony counts of interference with child custody; he ultimately pled to a reduced charge of contempt of court. (¶¶2-3). Though he expressed his displeasure with the situation, he got through what appears to be a pretty thorough plea colloquy. (¶¶4-6). Before sentencing he moved to withdraw his plea, but the court of appeals holds he didn’t show a fair and just reason for plea withdrawal.

State v. Rondale Darmon Tenner, 2018AP1115-CR, District 1, 3/12/19 (not recommended for publication); case activity (including briefs)

Tenner complains his lawyer was ineffective for failing to impeach one of the state’s witnesses with her prior convictions. He also says he should get a new trial because he has an affidavit from a new witness who says another state’s witness actually committed the crime pinned on Tenner. The court of appeals disagrees.

State v. Jerry Simone Wilson, 2018AP534, District 1, 3/12/19 (not recommended for publication); case activity (including briefs)

Wilson’s bid for a new trial based on newly discovered evidence fails because he was negligent for not seeking the evidence at the time of his original trial.

S.D. v. A.V., 2018AP1150, District 4, 3/7/19 (one-judge decision; ineligible for publication); case activity

S.D. petitioned to terminate the parental rights of A.V., her ex-husband, after he was convicted and sent to prison for possession of child pornography. The court of appeals affirms the unfitness finding but remands for a dispositional hearing.