On Point

State v. Henry W., 2011AP693, District 1, 6/7/11 court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the […]

County of Brown v. Eric J. Schroeder, 2010AP2967, District 3, 6/7/11 court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity Following OWI arrest and blood test result over the limit, Schoeder’s license was administratively suspended. The police, however, failed to provide him with the form explaining the suspension review process, contrary […]

Estate of Brianna Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 court of appeals decision (recommended for publication); case activity ¶24 n. 7: On page 36 of its brief responding to Excel’s main appellate brief, E&B asserts:  “[n]ot a single non-Kriefall [Pierringer] settlement agreement” is in the Record.  That is not true, as Excel’s reply […]

State v. Deundra R. Lathan, 2011 WI App 104 (recommended for publication); for Lathan: George S. Tauscheck; case activity Consent to Search, Co-Occupant Consent to search premises given by one occupant overrides refusal to consent by co-occupant when neither is the subject of the search or ensuing arrest (resolving question expressly held open by Georgia v. […]

McNeil v. U.S., USSC No. 10-5258, 6/6/11 Under the Armed Career Criminal Act (ACCA), a prior state drug-trafficking conviction is for a “serious drug offense” if “a maximum term of imprisonment of ten years or more is prescribed by law” for the offense. 18 U. S. C. §924(e)(2)(A)(ii). The question in this case concerns how […]

Docket Decision below:  Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction […]

On Point is very pleased to present this guest post discussion of Skinner v. Switzer by Brandon L. Garrett, Professor of Law, University of Virginia. Professor Garrett’s most recent book, “Convicting the Innocent,” was reviewed by in the New York Times Sunday Book Review 5/26/11. The U.S. Supreme Court settled another boundary dispute about what […]

7th circuit court of appeals decision Retroactive Application of Case Law, on Collateral Review Narvaez’s federal ACCA enhancement, imposed in 2003, is now unsupportable in light of subsequently-decided Supreme Court authority (Begay v. U.S.; Chambers v. U.S.). He may therefore seek relief against the sentencing enhancement via 28 U.S.C. § 2255: the case law development worked […]

State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the […]

State v. Dustin M. Przybylski, 2011AP1-CR, District 2, 6/1/11 court of appeals decision (1-judge, not for publication); for Przybylski: Michael S. Holzman; case activity OWI sentence consecutive to unrelated 15-year sentence upheld, despite joint recommendations of concurrent time, against argument it was fashioned mechanistically rather than as exercise of discretion, State v. Martin, 100 Wis. 2d 326, 302 N.W.2d 58 (Ct. App. […]