On Point: 8. Counsel, 6th Am.

State v. Ronald W. Lichty, 2012 WI App 129(recommended for publication); case activity

Lichty pleaded no contest pursuant to plea bargain which allowed, due to a good-faith mistake, the State to recommend a period of extended supervision that exceeded the permissible maximum by one year. The error was discerned prior to sentencing, where the State reduced its extended supervision recommendation by one year. (His plea was to two counts of the same offense,

seventh circuit decision, denying habeas relief in 641 N.E.2d 371 (Ill. 1994) and 521 N.E.2d 38 (1988)

Habeas Review – 6th Amendment Attachment of Counsel – State Court Findings

The Seventh Circuit rejects, on habeas review of his Illinois conviciton, Thompkins’ challenge to admissibility of his statement. Thompkins made his statement after his arrest and, according to the state court, before his initial bond hearing.

Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, in light of his numerous contemporaneous complaints he couldn’t hear the proceedings. 

Godfrey & Kahn, S.C. v. Circuit Court for Milwaukee County, 2012 WI App 120(recommended for publication); case activity

A court doesn’t possess inherent authority to impose on counsel a sanction (here, monetary) for pre-litigation advice, that is, conduct occurring before the court’s jurisdiction was invoked:

¶3        We conclude that the record, particularly the trial court’s own words in its ruling, clearly shows that the trial court imposed the sanction for pre-litigation legal advice that the trial court believed Godfrey &

on review of unpublished decision; case activity

Issues (composed by on Point) 

1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible by reason of mental disease or defect.

State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity

Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved to disqualify Knoeller as counsel, arguing that his service as interpreter during the interrogation created a risk that Knoeller might have to testify.

State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12

court of appeals decision (not recommended for publication); case activity

Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and one count of reckless driving / GBH, § 346.62(4). At the time of the pleas,

Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12

court of appeals decision (1-judge, ineligible for publication); case activity

That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of interest.  Supreme Court Rule 20:1.12(a) (“a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge”),

State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity

Adequate Provocation Defense, §§ 939.44(1),  940.01(2)(a) – Test for Admissibility

The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide:

¶9        When applying the some evidence standard, “the circuit court must determine whether a reasonable construction of the evidence will support the defendant’s theory viewed in the most favorable light it will reasonably admit of from the standpoint of the accused.”  [State v.

seventh circuit decision

Habeas Review – Right to Counsel – Collateral Attack 

Resendez litigated an unsuccessful pro se challenge to revocation of his state court parole, on the ground that he had completed service of that sentence therefore wasn’t in fact on parole. Forced to litigate the issue on his own, he argues on federal habeas that he was denied his right to counsel.

“[A] criminal defendant enjoys [a] right to counsel through his first appeal of right .