On Point

court of appeals decision (1-judge, not for publication); for Thompson: Gregg H. Novack; case activity Traffic Stop – Ordering Driver Out of Car ¶6        Thompson contends that the circuit court erred in concluding that the officer did not violate Thompson’s Fourth Amendment rights by ordering Thompson to get out of his car following the traffic […]

Brown County v. Kevin Q., 2011AP208, District 3, 6/28/11 court of appeals decision (1-judge, not for publication); for Kevin Q.: Andrew Hinkel, SPD, Madison Appellate; case activity ¶10      We conclude the evidence sufficiently shows there is a substantial likelihood Kevin would be a proper subject for commitment if treatment were withdrawn.  Kevin acknowledged he has […]

Florence County Dept. of Human Services v. Edward S., Jr., 2011AP385, District 3, 6/28/11 court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity Counsel’s stipulation without the parent’s on-record assent to the first element of TPR grounds (child placed outside home at least 6 months under CHIPS order) […]

Docket Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10 Question Presented: At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s […]

Docket Decision below: 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) Questions Presented: 1. [from Petition:] Whether the warrantless use of a tracking device on petitioner’s vehicle to monitor its movements on public streets violated the Fourth Amendment. 2. [added […]

Docket Decision below: Millender v. County of Los Angeles, 620 F. 3d 1016 (9th Cir 2010). reversing panel decision, 564 F.3d 1143 Questions Presented (from Petition): This Court has held that police officers who procure and execute warrants later determined invalid are entitled to qualified immunity, and evidence obtained should not be suppressed, so long […]

Willie Gene Davis v. U.S., USSC No. 09-11328, 6/16/11 … The question here is whether to apply this sanction when the police conduct a search in compliance with binding precedent that is later overruled. Because suppression would do nothing to deter police misconduct in these circumstances, and because it would come at a high cost to […]

seventh circuit court of appeals decision Habeas – Successive Petition – Rule 60(b) Motion A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S. […]

7th circuit court of appeals decision Prosecutorial Misconduct – Knowing Use of False Testimony When the government obtains a conviction through the knowing use of false testimony, it violates a defendant’s due process rights. Napue v. Illinois, 360 U.S. 264, 269 (1959); United States v. Bagley, 473 U.S. 667, 679 n.8 (1984) (discussing the evolution […]

State v. David A. Reeves, 2010AP1590-CR, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Reeves: Anthony J. Jurek; case activity Maximum sentence for obstructing (9 months) upheld against argument it was a) harsh and excessive; b) based on improper factors. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, […]