On Point

State v. Shaun M. Clarmont, 2014AP1043-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs)

Even if trial counsel failed to investigate a defense to the charge to which Clarmont pled, Clarmont has not shown why he would have gone to trial and face the possibility of multiple convictions, including for two felony offenses, rather than accept a plea offer of a single misdemeanor conviction along with a very favorable sentencing recommendation from the state.

State v. Chaz L. Brown, 2014AP1848-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs)

A “midsummer night’s attempt at self-help debt collection” (¶2) led to Brown being charged with disorderly conduct and battery. He was acquitted of the battery charges based on his self-defense claim, but he was convicted of the DC. (¶¶2-5). Based on Brown’s conduct during the entire incident, there was sufficient evidence showing a causal connection between Brown’s DC and the battery victim’s damages to support the trial court’s restitution order.

Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary)

Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal Prisoner Litigation Reform Act, a “three strikes” provision precludes IFP status to a prisoner who “has, on 3 or more prior occasions, while incarcerated …, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(g). But what if the prisoner is appealing one of the “strikes” and the appeal is still pending; does it still count as a “strike”? “Yes,” answers a unanimous Supreme Court.

Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing  United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary)

The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms he or she owns and therefore may arrange for a court-supervised sale or transfer the guns without violating 18 U.S.C. § 922(g)’s ban on possession of a firearm.

City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary)

Because there was no precedent clearly establishing that it unreasonable to forcibly enter the home of a mentally ill person who is armed and potentially violent, the officers who entered Sheehan’s apartment are entitled to qualified immunity.

Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15

In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley Fite (SPD alum turned Federal Defender staff attorney) explains what this federal court decision could mean for state court IAC claims.

“Recommended Reading on Prosecutorial Misconduct.” Boy those DAs get away with a lot! Click here for more. Are underpaid public defenders happier than their wealthy counterparts in private practice? This article says “yes.” Check out UWLS Professor Cecilia Klingele’s new article on deterrence-based correctional programs here. “Anatomy of a Contempt: Just keep telling the judge […]

Steven D. Johnson v. Brian Foster, 7th Circuit Court of Appeals No. 13-2008, 5/6/15

Johnson’s failure to file a petition for review in the Wisconsin Supreme Court means he failed to complete a full round of state-court review, which in turn means his federal habeas petition is barred under the doctrine of “procedural default.” This default could be excused if Johnson shows that prison officials interfered with his ability to comply with the state court’s procedural rules. Johnson argues the prison wrongful denied his request for a litigation loan under § 301.328(1m), and that should excuse his failure to petition the state supreme court for review. The court rejects the argument, holding the loan denial wasn’t an external impediment to Johnson filing a petition for review.

Ralph D. Armstrong v. Karen D. Daily, et al., 7th Circuit Court of Appeals Nos. 13-3424 & 13-3482, 5/11/15

Ralph Armstrong was imprisoned for 29 years for the 1980 rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, State v. Armstrong, 2005 WI 119, 283 Wis. 2d 639, 700 NW 2d 98, and in 2009 a circuit court judge dismissed the charges entirely because the prosecution had destroyed key exculpatory evidence, rendering a fair trial impossible. In 2012 Armstrong filed a civil suit under 42 U.S.C. § 1983 against the prosecutor and state crime laboratory technicians who, he alleges, deprived him of liberty without due process of law by destroying exculpatory evidence to frame him for Kamps’s murder. The Court of Appeals rejects the defendant’s qualified immunity claims and holds Armstrong’s case can proceed.

State v. Royce L. Hawthorne, 2014AP1566/67, 5/12/15, District 1 (not recommended for publication); click here for briefs

Hawthorne filed a pro se appeal from the denial of his §974.06 postconviction motion, which raised 9 claims of ineffective assistance of postconviction counsel and 3 claims of ineffective assistance of appellate counsel. The court of appeals dispensed with on and all in short order. Two aspects of the decision may be of interest.