On Point

Docket Decision below: 623 F. 3d 222 (5th Cir. 2010) Questions Presented (from SCOTUS docket page): 1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL? 2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME […]

Posting will be unavoidably light to non-existent this week. For new Wisconsin releases, check here for court of appeals, and here for supreme court. Scotusblog and LII are excellent sources for United States Supreme Court releases.

In advance of a short hiatus (light-to-nonexistent posting next week), we thought you might find the following links of interest … Mapp v. Ohio is about to turn 50. What, you thought the exclusionary rule always applied to the states? (True in Wisconsin a long time, though, with Hoyer v. State, 180 Wis. 407, 193 N.W. […]

on petition for review of published decision; case activity Issues (provided by court): Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court? Did the undisputed facts on the record establish that if judicial estoppel had not […]

on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity Issues (provided by court): If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate […]

on petition for review of unpublished decision; for Thompson: J.P. La Chapelle; case activity Issues (provided by court): Whether the failure to inform Thompson of the applicable mandatory minimum sentence of 25 years of incarceration prior to trial violated Thompson’s constitutional due process rights. Whether the complaint in this case was defective under Wis. Stat. § […]

Marcus Sykes v. U.S., USSC No. 09-11311, 6/9/11 It is a federal crime for a convicted felon to be in unlawful possession of a firearm. 18 U. S. C. §922(g)(1). The ordinary maximum sentence for that crime is 10 years of imprisonment. §924(a)(2). If, however, when the unlawful possession occurred, the felon had three previous convictions for […]

State v. Anthony M. S., 2010AP1669, District 4, 6/9/11 court of appeals decision (1-judge, not for publication); for Anthony M.S.: Shelley Fite, SPD, Madison Appellate; case activity The State sought to prove that the pills Anthony M.S. possessed were a non-narcotic controlled substance (Adderall), § 961.41(3g), through the testimony of the Osseo Police Chief that […]

Dane Co. DHS v. Jennifer F., 2011AP530, District 4, 6/9/11 court of appeals decision (1-judge, not for publication); for Jennifer F.: Paul G. LaZotte, SPD, Madison Appellate; case activity Although the trial court erred in not taking testimony in support of no-contest pleas to the TPR petition as required by § 48.422(3) (see Waukesha County v. Steven […]

State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11 court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution. ¶7        We hold that […]