On Point blog, page 49 of 49

Sanctions – Appellate Procedure

Thomas Vitrano v. Milwaukee Police Department, 2010AP1987, District 1, 1/11/11

court of appeals decision (1-judge, not for publication); pro se; case activity; Resp. Br.

footnote 2:

We note with some frustration that neither party included a single citation to the record in their respective briefs in violation of Wis. Stat. Rule 809.19(1)(d).  Record cites are helpful to the court and are required even when the record is not voluminous. 

Read full article >

Other-Acts Evidence

State v. Jonathan A. Meenen, 2009AP3107-CR, District 3, 1/11/11

court of appeals decision (3-judge, not recommended for publication); for Meenen: Donna L. Hintze, SPD, Madison Appellate; case activity; Meneen BiC; State Resp.; Reply

On a charge of 1st-degree sexual assault of a (5-year-old) child, evidence of Meneen’s prior juvenile adjudication for sexual contact with an 8-year-old was admissible:

  • Acceptable purpose.
Read full article >

Clifton T. McNeill v. United States, USSC No, 10-5258, Cert Granted 1/7/11

Docket

Decision below (CTA4)

Scotusblog page

The case appears to involve review of federal sentencing under the Armed Career Criminal Act. Consult Scotusblog page for further details.

Decision, 6/6/11

Read full article >

Missouri v. Galin E. Frye, USSC No. 10-444, Cert. Granted 1/7/11

Docket

Decision below (311 S.W.3d 350, Mo. Ct. App)

Question Presented:

Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of counsel by alleging instead that,

Read full article >

Lafler v. Anthony Cooper, USSC No. 10-209, Cert. Granted 1/7/11

Docket

Decision below (CTA6)

Questions Presented:

Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review, the Sixth Circuit found that because there is a reasonable probability that Cooper would have accepted the plea offer had he been adequately advised,

Read full article >