Challenges to juvenile’s life sentence rejected

State v. Jevon Dion Jackson, 2017AP712, District 1, 8/28/18 (not recommended for publication); case activity (including briefs) Citing the recent U.S. Supreme Court decisions holding that the Eighth Amendment limits the imposition of life sentences on juveniles, Jackson argues he is entitled to a new sentencing hearing or sentence modification. The court of appeals concludes […] Source: WI Public Defenders – On Point Challenges to … Continue reading Challenges to juvenile’s life sentence rejected

Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant

State v. Darrin L. Malone, 2017AP680-CR, 9/26/18, District 2 (not recommended for publication); case activity (including briefs) The disputed image is below. It’s of a similar robbery three days before the robbery for which Malone was convicted of felony murder (the other robber in that latter robbery–who testified against Malone–admitting shooting and killing the gas […] Source: WI Public Defenders – On Point Video seems … Continue reading Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant

COA: evidence sufficient for continued guardianship and protective placement

Winnebago County v. M.R.R., 2018AP273, 10/3/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) M.R.R. suffered a traumatic brain injury 35 years ago; he’s diagnosed with a personality change due to the injury and unspecified personality disorder. He was found incompetent and placed in a guardianship in 2015 and a protective placement […] Source: WI Public Defenders – On Point COA: evidence … Continue reading COA: evidence sufficient for continued guardianship and protective placement

Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial

State v. Keith J. Brooks, 2017AP1723-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs) Brooks was tried for first-degree intentional homicide. The jury acquitted him of that but convicted of the lesser-included first-degree reckless. He argues his trial lawyers were ineffective because they pursued a strategy that would have let the jury […] Source: WI Public Defenders – On Point Counsel not … Continue reading Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial

Concern about building owner intending to enter apartment justified warrantless entry by police

State v. Jodi J. Lux, 2018AP338-CR, District 2, 8/29/18 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer’s warrantless entry into the apartment Lux was in was justified by his concerns about the safety of the apartment building owner, who told the officer she was going to enter the apartment to figure […] Source: WI Public Defenders – On Point Concern about … Continue reading Concern about building owner intending to enter apartment justified warrantless entry by police

Defense win! Sentencing judge was objectively biased

State v. Emerson D. Lamb, 2017AP1430-CR, District 3, 9/25/18 (not recommended for publication); case activity (including briefs) The sentencing judge made comments at Lamb’s sentencing before it had heard any sentencing arguments from the parties, and those comments showed a serious risk that the court had prejudged Lamb’s sentence. Accordingly, the judge was objectively biased and Lamb is […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! Sentencing judge was objectively biased

Bomb scare adjudication upheld, but restitution order reversed in part

State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary. […] Source: WI Public Defenders – On Point Bomb scare … Continue reading Bomb scare adjudication upheld, but restitution order reversed in part

Court upholds convictions for multiple counts of sending unlawful emails, bail jumping

State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs) Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions. Insufficient evidence Barwick argues there was insufficient evidence to convict […] Source: WI Public Defenders – On Point Court upholds … Continue reading Court upholds convictions for multiple counts of sending unlawful emails, bail jumping

Court of appeals affirms “keys to the door” instruction and sufficiency of evidence in TPR case

K.M. v. R.O., 2018AP1206, District 1, 9/18/18 (1-judge opinion, ineligible for publication); case activity One ground for terminating a person’s parental rights is that the parent “abandoned” his child for 6 months or longer. In this case, a court ordered R.O. to have no contact with the mother of his child, which interfered with his […] Source: WI Public Defenders – On Point Court of … Continue reading Court of appeals affirms “keys to the door” instruction and sufficiency of evidence in TPR case

Defendant’s out-of-state imprisonment doesn’t overcome Escalona bar

State v. Rafael D. Newson, 2018AP551, 9/18/18, District 1 (not recommended for publication); case activity (including briefs) Newson claims that his trial and postconviction lawyers were ineffective for failing to raise lack of jurisdiction caused by the State’s failure to file its complaint against him before he was extradited to Arizona. He also argued that the […] Source: WI Public Defenders – On Point Defendant’s out-of-state … Continue reading Defendant’s out-of-state imprisonment doesn’t overcome Escalona bar