Cole D. Ruby

Areas of Practice

• Post Conviction/Appeals
• Violent Crimes (Homicide, Domestic Abuse)
• Sex Crimes (Sexual Assault, Child Sexual Assault)
• Drug Crimes
• Internet crimes
• Theft

Selected Victories

Appellate and post-conviction matters

• 2022 Milwaukee County.  Client previously convicted at jury trial on 2 counts of reckless injury and possession of a firearm by a felon for a shooting incident, despite testimony from another witness admitting to the shooting. Attorney Ruby’s postconviction motion argued the trial attorney was ineffective for failing to present testimony from one of the victims, whose description of the shooter’s actions matched the defense witness. The motion also argued trial counsel inadequately challenged the credibility of the State’s key witness. The judge agreed on both grounds and overturned the convictions.
• 2022 Walworth County.  Client previously convicted at jury trial on 5 counts of cocaine delivery and one count of heroin delivery, on the theory that he supplied the drugs. Attorney Ruby’s investigation uncovered text messages showing the client was likely innocent because someone else was supplying the drugs, and filed motions seeking a new trial based on the State’s failure to disclose exculpatory evidence, newly-discovered evidence, and ineffective assistance of counsel. The prosecutor conceded the motions and agreed to reopen and dismiss the cocaine charges and give time served on the heroin charge, resulting in the client’s release from prison.
• 2022 Jefferson County. Client previously charged with 1st degree reckless homicide for allegedly delivering heroin that resulted in an overdose death, and was convicted following a jury trial.  Attorney Ruby’s investigation uncovered evidence linking another suspect to the crime, and filed motions for a new trial based on the State’s failure to disclose exculpatory evidence, ineffective assistance of counsel, and newly-discovered evidence. The judge agreed and granted a new trial because the jury didn’t hear the full story.
• 2021 Brown County. Client was found guilty of child abuse. Attorney Ruby filed a motion for a new trial based on the trial court’s exclusion of evidence of the accuser’s prior violent acts, as well as trial counsel’s failure to file appropriate motions regarding that evidence. The trial judge agreed that he improperly excluded the evidence, which violated the defendant’s constitutional right to present a defense, and granted a new trial.
• 2020 Adams County (federal habeas). Client found guilty at jury trial of repeated child sexual assault. Attorney Ruby filed an appeal in state court seeking a new trial based on ineffective assistance of counsel for failure to present evidence challenging the accuser’s credibility. The state courts denied the appeal, but Ruby filed a habeas petition with the Western District federal court, which overturned the conviction and granted a new trial, finding the trial attorney was ineffective and the Wisconsin Court of Appeals applied the law in an unreasonable manner.
• 2020 St. Croix County.  Client previously convicted at jury trial of three counts of attempted homicide, three counts of reckless injury, three counts of reckless endangerment, and felon in possession of a firearm. Attorney Ruby obtained a new trial from the Court of Appeals based on the erroneous admission of expert testimony demonstrating racial bias and improperly commenting on witness credibility, as well as prosecutorial misconduct referencing that testimony in closing arguments.
• 2019 Dane County.  Client previously convicted of third-degree sexual assault, false imprisonment, and battery.  Attorney Ruby obtained a new trial for his client by showing that the court erroneously admitted improper character evidence and that the prosecutor committed misconduct during the first trial.
• 2019 Winnebago County. Client previously convicted of OWI-3rd, after the circuit court denied a motion to suppress an unlawful seizure. Attorneys Ruby and Meyer-O’Day convinced the Court of Appeals to reverse the conviction and grant suppression of all evidence obtained after law enforcement unlawfully entered the curtilage of the client’s home. The state ultimately dismissed the charges.
• 2018 Adams County.  Client previously convicted of arson.  Attorney Ruby obtained a new trial for his client after showing that prior counsel had been ineffective and that the prosecutor failed to turn over exculpatory evidence.  The state chose not to retry the case, and the charges were dismissed.
• 2018 Trempealeau County.  Client charged with child sexual assault.  Attorney Ruby obtained a dismissal of all charges after demonstrating that the prosecutor had committed misconduct and that the state was prohibited from retrying the case on double-jeopardy grounds.
• 2017 La Crosse County.  Client previously convicted of sexual exploitation of a child and possession of child pornography.  Attorney Ruby obtained a new trial for his client after his investigation showed that the client was likely innocent.  The state chose not to retry the case and the charges were dismissed.
• 2017 Milwaukee County.  Client previously convicted of substantial battery.  Attorney Ruby obtained a new trial from the Court of Appeals based on his discovery that the prosecutor failed to disclose two statements by the alleged victim proclaiming the client’s innocence.  The state chose not to retry the case and the charges were dismissed.
• 2017 Dane County.  Client previously convicted of second-degree sexual assault.  Attorney Ruby obtained a new trial for his client because the client’s prior attorney had been ineffective.  The state ultimately agreed to resolve the case as non-sexual-assault-related misdemeanors.
• 2016 Columbia County.  Client charged with attempted first-degree intentional homicide, strangulation and suffocation, battery, and disorderly conduct, all as domestic abuse.  Attorney Ruby obtained a complete dismissal by convincing the Court of Appeals that the charges were barred by double-jeopardy protections.
• 2016 Dane County.   Client previously convicted of recklessly endangering safety.  Attorney Ruby obtained a new trial because the client’s previous attorney had provided ineffective assistance.
• 2016 Vernon County.  Client previously convicted of stalking.  Attorney Ruby obtained a new trial based on the court’s improper admission of prejudicial evidence.
• 2016 Columbia County.  Client previously convicted of child enticement.  The circuit court allowed the client to withdraw his guilty plea after Attorney Ruby demonstrated that the client’s prior attorney had been ineffective.
• 2014 Dane County.  Client was previously convicted of first-degree recklessly endangering safety.  Attorney Ruby obtained a new trial because the client’s prior attorney had been ineffective.

Bar Admissions

• Wisconsin, 2007
• United States Court of Appeals – 7thCircuit – 2020

Classes/Seminars

• Sad but True:  Confirmation Bias, Murder, and Metallica, WACDL (Wisconsin Association for Criminal Defense Lawyers) Annual Conference, 2019
• Creating the Record: Investigating, Identifying, And Framing Issues in Postconviction Motions For New Trials, WACDL Annual Conference, 2017
• Creating the Record: Looking Outside of the Record to Support Motions for New Trials, Wisconsin State Public Defender’s Annual Criminal Defense Conference, 2017

Published Works

• Ruby, Cole, The Defense of Alcohol-Related Driving Offenses,Traffic Law and Practice in Wisconsin

Professional Associations and Memberships

• Wisconsin Association of Criminal Defense Lawyers, Member, 2008-Current
• State Bar of Wisconsin, Member, 2007-Current

Education

• University of Wisconsin, Madison, Wisconsin o J.D.-2007
• University of Wisconsin,Oshkosh, Wisconsin o B.S.-2004

Honors and Awards

• Super Lawyer,Super Lawyers, 2020
• Hanson Memorial Advocate’s Prize, Wisconsin Association of Criminal Defense Lawyers, 2019
• Rising Star, Super Lawyers, 2017
• Rising Star, Super Lawyers, 2016
• Rising Star, Super Lawyers, 2015
• Hanson Memorial Advocate’s Prize, Wisconsin Association of Criminal Defense Lawyers, 2014