On Point

State v. Manuel Talavera, 2015AP701-CR, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity (including briefs)

To  justify a warrantless traffic stop based on a violation of § 346.34(1)(b), the officer doesn’t need evidence that a driver’s failure to signal before turning his vehicle actually affected other traffic because the statute simply requires motorists to signal turns whenever “other traffic may be affected by the movement.” Thus, evidence that Talavera failed to signal when there was a (police) vehicle following two car lengths behind him was sufficient to justify stopping him.

Ozaukee County v. C.Y.K., 2015AP1080-FT, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity

Even though the examining psychiatrist opined that C.Y.K. was not substantially incapable of making an informed choice about accepting or refusing medication or treatment, the record as a whole supported the circuit court’s order for involuntary medication and treatment.

Dear Readers: Thank you for your patience while we’ve updated On Point. It may seem that we’ve simply changed our look. After all, we’re sporting a new banner and tons of photos of folks explaining why we need public defenders. (Take a look. Their answers are truly inspiring!) But our real task was to modernize […]

Wayne Kubsch v. Ron Neal, 7th Circuit Court of Appeals No. 14-1898, 8/12/15

After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. He challenged his conviction and sentence in a federal habeas proceeding on three grounds: (1) the Indiana trial court excluded evidence of a witness’s exculpatory hearsay statement to police; (2) his trial counsel was ineffective in seeking admission of the witness’s hearsay statement; and (3) his waiver of counsel and choice to represent himself at the sentencing phase of his trial were not knowing and voluntary. The court, over a dissent by one judge as to the first and second claims, rejects Kubsch’s arguments.

Myron A. Gladney v. William Pollard, 7th Circuit Court of Appeals No. 13-3141, 8/26/15

In 2013 Gladney filed a habeas petition challenging his state conviction, which became final in 1999. The district court properly dismissed the petition as untimely because even if the limitations period could have been tolled until Gladney found out about his counsel’s failure to interview a defense witness, his petition would still have been filed well outside the adjusted limitations period. Nor can Gladney satisfy the narrow “actual innocence” exception under Schlup v. Delo, 513 U.S. 298 (1995), to disregard the time limits for seeking federal habeas relief.

United States v. Mariano A. Meza-Rodriguez, 7th Circuit Court of Appeals No. 14-3271, 8/20/15

While aliens who are in the United States without authorization may invoke the protections of the Second Amendment, 18 U.S.C. § 922(g)(5), which prohibits unauthorized aliens from possessing firearms, is a reasonable regulation of the right to bear arms. Thus, Meza-Rodriguez’s prosecution under the statute doesn’t violate the Second Amendment.

United States v. Rodolpho Hernandez Flores, 7th Circuit Court of Appeals No. 15-1515, 8/19/15 (per curiam)

Hernandez Flores was stopped for driving with an obstructed license plate because his rear plate was affixed to his car by a standard frame that covered the plate’s periphery. The stop violated the Fourth Amendment because it was based on an unreasonable mistake of law regarding the statute governing the display of license plates.

Benjamin Barry Kramer v. United States, 7th Circuit Court of Appeals No. 14-3049, 8/17/15

Sticking with its decision in Suggs v. United States, 705 F.3d 279 (7th Cir. 2013), the Seventh Circuit holds that Kramer’s most recent habeas petition challenging a conviction that was not affected by his three previous petitions is a second or successive petition and Kramer therefore needed authorization to file the petition from the Court of Appeals under 28 U.S.C. § 2244(b)(3)(A).

Andre Jackson v. Marc Clements, 7th Circuit Court of Appeals No. 15-1145, 8/12/15

Jackson’s habeas petition under 28 U.S.C. § 2241 challenging his extradition from Illinois to Wisconsin became moot once he was convicted in Wisconsin of the charges for which he was extradited.

Humberto Sanchez-Rengifo v. J.F. Caraway, 7th Circuit Court of Appeals Case No. 14-2876, 8/14/15

Sanchez-Rengifo sought relief from his conviction for sexual assault by filing a habeas petition under 28 U.S.C. § 2241 arguing the evidence was insufficient to prove his guilt. The district court dismissed the petition on the grounds that the petition should have been filed under 28 U.S.C. § 2255 unless that route is “inadequate or ineffective to test the legality of his detention”—a showing Sanchez-Rengifo failed to make. Though the district court applied the wrong statute, it doesn’t matter because Sanchez-Rengifo hasn’t met the standard for getting a certificate of appealability.