On Point

Mr. Badger burrows through the known Internets so you don’t have to … Mike Sacks, back in the saddle, now sallying forth from HuffPost. Effective Assistance / GPS litigation. Although recent Ohio precedent establishes that GPS surveillance isn’t a “search” or “seizure” under the 4th A warrant requirement, persuasive foreign authority holds to the contrary, namely United States v. Maynard, […]

State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11 court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered […]

State v. Anastasia A. Lusty, 2010AP2827-CR, District 2, 9/21/11 court of appeals decision (not recommended for publication); for Lusty: Chandra N. Harvey, SPD, Madison Appellate; case activity Independent police investigation sufficiently corroborated enough details of tips from anonymous informants to support probable cause for a search warrant. ¶9        We reject Lusty’s argument.  Based on our reading of the record, […]

seventh circuit court of appeals decision Habeas – Ineffective Assistance, State Court Failure to Reach – Standard of Review  … When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243, under which we “ ‘dispose of the matter as […]

seventh circuit court of appeals decision Habeas – Counsel – Appeal  When a defendant in a criminal case specifically instructs a lawyer to file a notice of appeal, the lawyer’s failure to do so deprives the defendant of the Sixth Amendment right to counsel, regardless of whether an appeal was likely to succeed. Roe v. Flores-Ortega, 528 […]

State v. Jason D. Spears, 2011AP934-CR, District 1, 9/20/11 court of appeals decision (1-judge, not for publication); for Spears: Kyle S. Conway; case activity Trial court’s failure to explain rationale for sentence violated State v. Gallion, 2004 WI 42, ¶¶44-49, 270 Wis. 2d 535, 678 N.W.2d 197, and requires remand for resentencing. ¶11      Here, the circuit court did not […]

State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11  court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of […]

State v. Dennis D. Lemoine, 2010AP2597-CR, District 4, 9/15/11 court of appeals decision (not recommended for publication); for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity; supreme court review granted, 1/25/12 ¶18      We agree with the trial court that the balance of the defendant’s personal characteristics against the tactics used by the […]

State v. James T. Kettner, 2011 WI App 142 (recommended for publication); for Kettner: Andrew R. Hinkel, Jefren E. Olsen, SPD, Madison Appellate; case activity Hearing-Impaired Juror – Inability to Hear Certain Testimony  A juror’s inability to hear most of alleged victim S.K.’s answers in a videotaped interview didn’t violate Kettner’s rights to impartial jury […]

seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of […]