On Point

U.S. v. Antoine Jones, USSC No. 10-1259, 1/23/12, affirming United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), reh’g denied sub nom. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010); effectively overruling State v. Sveum, 2009 WI App 81, ¶8 The Fourth Amendment provides in relevant part that “[t]he right of the people to be secure in their persons, […]

Cory R. Maples v. Thomas, USSC No. 10-63, 1/18/12, reversing 586 F.3d 879 (11th Cir. 2009) On “the uncommon facts presented here,” the Court finds that cause existed to excuse on federal habeas review Maples’ procedural default, namely his failure to file a timely appeal of his state (Alabama) postconviction petition. The sole question this […]

… Perry v. New Hampshire: The Federal Evidence Blog gauges the impact of last-week’s decision relegating “happenstance” but suggestive ID procedure to jury (rather than due process) determination. Pointing out that Perry highlights 5 “protections” against unreliable IDs, the post keys on appropriate jury instructions (and promises to “review some of these [other] key protections in upcoming posts”; might […]

Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause […]

State v. Gary A. Senger, 2011AP1950-CR, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Senger: Robert C. Raymond; case activity Applying the test described in State v. Betow, 226 Wis. 2d 90, 94-95, 593 N.W.2d 499 (Ct. App. 1999) for extending a traffic stop, the court concludes that the officer had […]

Question Presented:  Whether a habeas petitioner’s claim has been “adjudicated on the merits” for purposes of 28 U.S.C. § 2254(d) where the state court denied relief in an explained decision but did not expressly acknowledge a federal-law basis for the claim. Scotusblog page The Court expressly limited the grant to the procedural issue recited above, […]

State v. Joseph J. Wilcenski, 2013 WI App 21; case activity Conditions of pre-trial release – alcohol treatment and testing; constitutionality Waukesha County has adopted a policy that all persons arrested for OWI as a second or subsequent offense who live in one of ten counties be released from custody on the condition that they […]

State v. Mercedes S., 2012AP1524, District 2, 1/16/13 Court of appeals decision (1 judge, ineligible for publication); case activity Delinquency — sanctions for violation of disposition order — exercise of discretion Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis. […]

State v. James W. Warren, 2012AP1727-CR, District 2, 1/16/13 Court of appeals decision (1 judge, not eligible for publication); case activity OWI — admissibility of opinion based on field sobriety tests Police officer testimony that, based on his training and experience, “the field tests are a reliable indicator of whether someone is .08 or higher” […]

State v. Kenney Wayne Madlock, 2012AP1439-CR, District 1, 1/15/13 Court of appeals decision (1-judge; not eligible for publication); case activity Violating domestic abuse injunction — Sufficiency of the evidence The evidence was sufficient to support conviction at a bench trial for violating an injunction that required Madlock to avoid the residence of T.M., who had […]