On Point

State v. Tracy A. Stokes, 2011AP2379-CR, District 1, 8/7/12

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

Stokes’ § 974.06 motion didn’t “set forth any reason, much a sufficient reason, for failing” to raise in his prior postconviction motion the issues presently raised, therefore the issues are procedurally barred, State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994),

State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity

Other-Acts Evidence 

Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in that the two homicide victims were drug dealers, whom Lock killed (or ordered killed) over drug money.

seventh circuit court of appeals decision, affirming habeas grant following remand in 539 F.3d 766 (further case history: here)

Habeas Review – Evidentiary Hearing 

The rule of Cullen v. Pinholster, 131 S. Ct. 1388 (2011), that 2254(d)(1) review is limited to the state-court record, doesn’t apply where the state court didn’t address a component part of the claim (here, 

seventh circuit court of appeals decision

Habeas Review – IAC/Suppression Claim, Generally 

Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we must honor any reasonable state court decision,

seventh circuit court of appeals decision

Habeas Review – Miranda-Edwards 

Coleman’s argument that his confession violated Edwards v. Arizona, 451 U.S. 477 (1981) (interrogation must cease immediately if suspect requests counsel) was rejected by the state court based upon a determination that he did not in fact assert his to counsel. Denial of relief is affirmed:

Coleman admits but downplays the crucial difference here: In Edwards,

seventh circuit court of appeals decision, denying habeas relief in 2008AP2735-CRNM (summary order)

Habeas Review – Speedy Trial 

Habeas relief denied on speedy trial challenge to 14-month delay between filing of complaint and scheduled start of trial, applying familar 4-part test of Barker v. Wingo, 407 U.S. 514 (1972). Although the first three aspects of the test work in West’s favor (length of,

on review of unpublished decision; case activity

§ 974.06 Motion – Serial Litigation Bar 

Issue (composed by on Point) 

Whether, following unsuccessful direct appeal, a motion raising a “non-constitutional” issue (propriety of DNA surcharge) operates as a “serial litigation” bar such that a subsequent § 974.06 motion alleging ineffective assistance of counsel is procedurally barred.

Starks was convicted of first-degree reckless homicide sentenced to 55 years: 36 years’

State v. Mark M. Benson, 2012 WI App 101 (recommended for publication); case activity

Equal Protection – Homicide of Unborn Child by Intoxicated Use of Motor Vehicle, §§ 939.75(2)(b)3, 940.09(1)(c) 

Section § 939.75(2)(b)3 exempts from criminal liability any “act by a woman who is pregnant with an unborn child that results in the death of or great bodily harm, substantial bodily harm or bodily harm to that unborn child.”

State v. Cody A. Gibson, 2012 WI App 103 (recommended for publication); case activity

Restitution order to reimburse insurance company and owner for insurance deductible, in relation to losses arising from stolen auto, upheld. The company (Acuity) paid the owners $11,113 the same day the car was stolen, but the car was recovered with very little damage the very next day. The car was appraised at $10,379 and Acuity turned it over to a salvage company,

State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity

Search & Seizure – Consent – Blood Draw

Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him not to consent to the draw, but Jacobs nonetheless agreed to go to the hospital with an officer to have a blood test.