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2010AP768 State v. Wallace
Criminal Procedure Ineffective assistance EP Wallace appeals from an order denying his Wis. Stat. § 974.06 (2009-10) postconviction motion. Wallace contends that the circuit court erroneously denied his motion, which Wallace filed pro se, without a hearing. We reject his arguments and affirm. This opinion will not be published. 2010AP768 State v. Wallace Dist I, […]
2009AP2281 State v. Bell
Criminal Procedure Ineffective assistance Freeman Earl Bell, Jr., appeals from an order denying his pro se Wis. Stat. § 974.06 (2007-08), postconviction motion to withdraw his guilty plea. He argues that he was entitled to the appointment of counsel under Wis. Stat. § 974.03(3)(b), that he has sufficient reasons why his claims were not previously […]
2010AP499-CR State v. Hall
Criminal Procedure Ineffective assistance A jury found Lenith J. Hall guilty of second-degree sexual assault of a child and of exposing his genitals. He appeals from the judgment of conviction and from the order denying his motion for postconviction relief in which he alleged he was denied the effective assistance of trial counsel. For the […]
2010AP589, 2010AP1137-W State v. Otis, et al.
Criminal Procedure Ineffective assistance Darrell Lemont Otis appeals an order denying his Wis. Stat. § 974.06 motion for postconviction relief. He also filed a petition for writ of habeas corpus under State v. Knight, 168 Wis. 2d 509, 512, 484 N.W.2d 540 (1992), asserting that his appellate counsel gave him constitutionally deficient representation. We consolidated […]
2009AP2036-CR State v. Black
Criminal Procedure Ineffective assistance; expert testimony Charles R. Black appeals from a judgment of conviction for two counts of second-degree sexual assault of a mentally ill victim, contrary to Wis. Stat. § 940.225(2)(c) (2007-08), and from the July 30, 2009 order denying postconviction relief. Black requests a new trial as a result of ineffective assistance […]
2009AP1227 State v. Freeman
Criminal Procedure Newly discovered evidence; ineffective assistance Mary Freeman appeals an order denying her Wis. Stat. § 974.06 (2007-08) postconviction motion. The circuit court denied the motion without a hearing, concluding that the motion was procedurally barred because the issues were addressed or could have been raised in a previous postconviction motion and no-merit appeal. […]
2010AP533-CR State v. Powells
Criminal Procedure Ineffective assistance; newly discovered evidence; postconviction DNA tests Rudolph D. Powells appeals from a judgment convicting him of first-degree reckless homicide, armed robbery, and possession of a firearm by a felon, and from an order denying his postconviction motions for relief. He contends that: (1) the circuit court should have excluded 911 caller […]
2009AP1965-CR State v. Olson
Criminal Procedure Self-representation; ineffective assistance; speedy trials; prosecutorial misconduct; double jeopardy A jury convicted Jeffrey Edward Olson of three counts of second-degree sexual assault of two family members when the victims were minors. Olson appeals pro se from the judgment of conviction and from the order denying his motions for postconviction relief after hearing held [&he[...]
2010AP298 State v. Hampton
Criminal Procedure Ineffective assistance Garland H. Hampton, pro se, appeals the order denying his motion for postconviction relief. Hampton argues that the postconviction court erred when it denied his claims of ineffective assistance of counsel and newly discovered evidence without holding a hearing. We disagree and affirm. This opinion will not be published. 2010AP298 State […]
2010AP306-CR State v. Reyes-Cruz
Criminal Procedure Ineffective assistance Amancio Reyes-Cruz appeals a judgment convicting him of sexually assaulting his former girlfriend, Yolanda M-P. He also appeals an order denying his postconviction motion. The motion claimed ineffective assistance of counsel because his trial attorney violated discovery rules by failing to supplement his expert witness’s report, resulting in the tria[...]
2009AP3072-CR State v. Scott
Criminal Procedure Ineffective assistance The State appeals from an order granting David Scott a new trial on the ground that Scott was denied the effective assistance of trial counsel when convicted of three counts of sexual assault of a child under age thirteen. We agree with the trial court’s determination that deficiencies in the performance […]
2010AP180 State v. Bouc
Criminal Procedure Plea withdrawal; ineffective assistance; newly discovered evidence Charles Bouc was convicted upon his no contest plea to second-degree sexual assault of a child, contrary to Wis. Stat. § 948.02(2) (2007-08). Bouc now appeals the circuit court’s denial of his postconviction motion to withdraw his plea. Bouc contends that he is entitled to plea […]
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