On Point

Scott Schmidt v. Brian Foster, 7th Circuit Court of Appeals No. 17-1727, 12/20/18, reversing panel decision of 5/29/18

Schmidt, as we discussed in our post on the Seventh Circuit’s (now reversed) habeas grant, was summoned into chambers and questioned by the judge about the testimony he wanted to give in his defense. His lawyer was allowed to be there but was forbidden, outside of a brief limited consultation, to participate. A majority of the en banc court, over sharp dissent, now says that even though that was pretty clearly unconstitutional, Schmidt’s conviction stands because of the AEDPA standard.

Walworth County D.H.S&S v. A.J.S., 2018AP1562, 1/2/19, District 2 (1-judge opinion, ineligible for publication); case activity

On Point doesn’t have access to TPR briefs. But judging from the court of appeals opinion, A.J.S. understood that if he voluntarily agreed to terminate his parental rights to his daughter under §48.41, then his mother would become her adoptive parent. Shortly before the hearing A.J.S. was surprised to learn that this outcome was not guaranteed. And, indeed, it did not come to pass.

State v. Justin A. Braunschweig, 2018 WI 113, 12/21/18, affirming an unpublished court of appeals decision; case activity (including briefs)

Braunschweig was convicted in 2011 of causing injury by intoxicated operation of a vehicle. The conviction was expunged under § 973.015. In 2016 he was charged with operating while intoxicated and with a prohibited alcohol content, both as a second offense because of the 2011 conviction. The supreme court rejects his claim that the expunged conviction can’t be a predicate offense under § 343.307(1).

State v. Eric R. Burrows, 2018AP770-CR, District 2, 12/26/18 (one-judge decision; ineligible for publication); case activity (including briefs)

Burrows sent threatening and harassing letters to E.W., arranged inflammatory and derogatory voicemail messages on her phone, and delivered a baby python to her apartment. He argues the police lacked probable cause to arrest him for stalking and to search his car and other property. The court of appeals disagrees.

State v. Danny L. Wilber, 2016AP260, 12/26/18, District 1 (not recommend for publication); case activity (including briefs)

“This case involves a dual tragedy: the death of one innocent man and the conviction of another.” (Initial Brief at 1). Not one of the many eyewitnesses to this homicide, which occurred during a large house party, saw Wilber shoot Diaz, the deceased. In fact, Diaz was shot in the back of the head and fell face first toward Wilber, not away from him. The State’s theory was that the shot spun Diaz around causing him to fall toward the shooter. It offered no expert to prove that this was possible.

State v. Dedric Earl Hamilton, Jr., 2018AP200-CR, 12/26/18, District 1 (not recommended for publication); case activity (including briefs)

A jury convicted Hamilton of 1st-degree sexual assault of his 8-year old niece. On appeal, he argued that: (1) he was he entitled to a hearing on his postconviction motion in which he alleged, with the support of two experts, that his attorney provided ineffective assistance when she failed either to challenge the voluntariness of his Miranda waiver and subsequent confession or to present evidence calling its reliability into question at trial; and (2) he was entitled to a new trial in the interests of justice.

Happy winter solstice! See you in 2019.

Perhaps not, according to this interesting article published by Propublica. It is part of a series of articles about cases involving blood splatter analysis, and the questions about the science have resulted in moves to try to exonerate the convicted defendants.

County of Lafayette v. Ian D. Humphrey, 2018AP481, District 4, 12/20/18 (one-judge decision; ineligible for publication); case activity

After Humphrey didn’t pay his fine for operating after suspension the circuit court suspended his operating privileges under § 345.47(1)(b). Six months later Humphrey agreed to a payment plan, so the court withdrew the suspension. But Humphrey stopped paying again, so the court imposed another one year suspension of operating privileges. (¶¶2-3). Can the circuit court do that?

State v. Sadiq Imani, 2018AP596-CR, District 1, 12/18/18 (not recommended for publication); case activity (including briefs)

Imani doesn’t get a Machner hearing on his ineffective assistance of counsel claim because the court of appeals concludes the record shows counsel’s alleged errors didn’t prejudice Imani.