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2009AP2069-CR State v. Tankson
Criminal Procedure Ineffective assistance; exculpatory evidence; new trials Andre D. Tankson appeals from a judgment of conviction for kidnapping, aggravated battery, first-degree recklessly endangering safety, and one count of second-degree sexual assault by use of force, and of the July 20, 2009 order denying his motion for postconviction relief. Tankson argues that the State violated […]
2010AP11-CR State v. Kunselman
Criminal Procedure Ineffective assistance; attorney-client privilege Christopher J. Kunselman appeals from a judgment convicting him of first-degree reckless injury and aggravated battery and from an order denying his motion for postconviction relief based on ineffective assistance of trial counsel. We conclude that trial counsel’s breach of the attorney-client privilege was deficient perfor[...]
2009AP2267-CR State v. Ballard
Criminal Procedure Ineffective assistance; impartial jury Tony Ballard appeals from a judgment convicting him of two counts of delivering cocaine and from an order denying his postconviction motion seeking a new trial due to ineffective assistance of counsel, lack of an impartial jury, and erroneously admitted evidence. We affirm the judgment and order. This opinion […]
2009AP419 State v. Canady
Criminal Procedure Ineffective assistance Robert L. Canady, pro se, appeals from orders denying his postconviction motions, filed under Wis. Stat. § 974.06 (2007-08) and State ex rel. Rothering v. McCaughtry, 205 Wis. 2d 675, 556 N.W.2d 136 (Ct. App. 1996) (per curiam). Canady argues that his postconviction counsel was ineffective because he did not argue […]
2010AP373-CR State v. Morgan
Criminal Procedure New trials; interests of justice; ineffective assistance Clifford Morgan appeals a judgment convicting him of a second or subsequent offense of possession of THC. He also appeals an order denying his motion for a new trial. The issue on appeal is whether Morgan is entitled to a new trial on the grounds of […]
2009AP2759-CR State v. Harris
Criminal Procedure Plea withdrawal; ineffective assistance Morris L. Harris appeals a judgment of conviction for substantial battery, see Wis. Stat. § 940.19(2) (2007-2008), and from the subsequent order denying his postconviction motion. Harris argues that: (1) the trial court erroneously exercised its discretion when denying his motion to withdraw his plea; (2) the trial court […]
2009AP2724-CR State v. Marinez
Criminal Procedure Ineffective assistance Ricardo E. Marinez appeals a judgment convicting him of three counts of repeated first-degree sexual assault. He also appeals an order denying his motion for postconviction relief. Marinez contends that his trial attorney was ineffective for failing to introduce any alternative theory as to how one of the three minor victims […]
2010AP432, 2010AP558 State v. Sherman
Criminal Procedure Ineffective assistance Stephen Sherman, pro se, appeals an order denying his Wis. Stat. § 974.06[1] motion for postconviction relief. Sherman argues the circuit court erred by denying his motion without an evidentiary hearing. He contends he received ineffective assistance of postconviction counsel and also argues new factors warrant sentence modification. We reject ShermanR[...]
2009AP3121 State v. Walker
Criminal Procedure Ineffective assistance Casey L. Walker appeals from an order denying his postconviction motion, contending that the circuit court erred in denying his motion without a hearing. We conclude that Walker’s motion was not sufficient to entitle him to a hearing, and we affirm. This opinion will not be published. 2009AP3121 State v. Walker […]
2009AP2262 State v. Williams
Criminal Procedure Ineffective assistance In 2005, a jury found Dexter Williams guilty of possession of a firearm by a felon, maintaining a drug-trafficking place, as party to a crime, and possession of cocaine with intent to deliver, as party to a crime. See Wis. Stat. §§ 941.29(2)(a), 961.42(1), 961.41(1)(cm)2., and 939.05. We affirmed the judgment […]
2009AP2377-CR State v. Studenec
Criminal Procedure Ineffective assistance James Studenec appeals a judgment of conviction for five counts of second-degree sexual assault by a probation officer and five counts of misconduct in public office. Studenec argues his trial counsel was ineffective because he failed to determine the number of prior convictions for three witnesses and failed to request the […]
07-2628 Johnson v. Thurmer
Habeas Corpus Ineffective assistance It was not ineffective assistance of counsel not to move to strike a witness’ implication of the defendant in an uncharged crime. “Johnson next claims that trial counsel was ineffective for failing to object to witness testimony that linked him to an uncharged crime and for failing to have that testimony […]
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