On Point

Questions presented: 1. Whether the Sixth Circuit violated 28 U.S.C. §2254(d)(1) by granting habeas relief on the trial court’s failure to provide a no adverse inference instruction even though this Court has not “clearly established” that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes […]

Questions presented: 1.     Massachusetts has a law that makes it a crime for speakers other than clinic employees or agents acting within the scope of employment to “enter or remain on a public way or sidewalk” within 35 feet of an entrance, exit, or driveway of  “a reproductive health care facility.” Did the First Circuit err […]

State v. Constance Ilene Osborne, 2012AP2540-CR, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity The results of a blood draw done by an EMT at the jail after Osborne was arrested for OWI were admissible because the method and manner of the blood draw were reasonable and the EMT was […]

State v. Brian Kiale Little, 2012AP2162, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity A year after Little pled no contest to carrying a concealed weapon he filed a motion for return of the gun and ammunition involved in the offense. The circuit court denied the motion because § 968.20(1m)(b) prohibits […]

State v. Joseph Jordan, 2011AP1249, District 1, 6/25/13; case activity; (not recommended for publication). What a challenging case.  A jury convicted Jordan of first-degree reckless homicide and other crimes.  He lost his direct appeal and then filed a pro se §974.06 motion requesting various forms of relief, including a new trial based on: (a) newly-discovered evidence, and (b) ineffective assistance of counsel. […]

Adoptive Couple v. Baby Birl, USSC No. 12-399, reversing and remanding 298 S.C. 625, 731 S.E.2d 550 (2012). SCOTUSblog coverage here. TPR lawyers, this one is for you. The dissent says the casual reader of the majority opinion could be forgiven for thinking that Indian Child Welfare Act of 1978 points to only one sensible […]

Giridhar C. Sekhar v. United States, USSC No. 12-357, 6/26/13 United States Supreme Court decision, reversing U.S. v. Sekhar, 683 F.3d 436 (2nd Cir. 2012) Attempting to compel a person to recommend that his employer approve an investment does not constitute “the obtaining of property from another” for purposes of a prosecution under the Hobbs Act, […]

Village of Elm Grove v. Richard K. Brefka, 2013 WI 54, affirming unpublished court of appeals opinion; Justice Bradley, for a unanimous court; case activity The 10-day deadline for filing a request for a refusal hearing, §§ 343.305(9)(a)4. and (10)(a), is mandatory, and may not be extended based on excusable neglect. Brefka was issued a […]

State v. Ebony D., 2013AP619, 2013AP620, & 2013AP621, District 1, 6/25/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP619; 2013AP620; 2013AP621 The continuing need for protection and services grounds for termination of parental rights, § 48.415(2), is not unconstitutional as applied to Ebony D. because the evidence shows she was able to meet the […]

City of Port Washington v. David A. Thompson, 2012AP2500, District 2, 6/26/13; court of appeals opinion (1-judge; ineligible for publication); case activity The trial court did not err in allowing Hackworthy, the state’s chemical test expert, to give her opinion that Thompson’s BAC at the time of driving was 0.15 based on average alcohol elimination […]