On Point

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court of appeals decision (1-judge, not for publication); for Kevin Q.: Andrew Hinkel, SPD, Madison Appellate; case activity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sufficiently shows there is a substantial likelihood Kevin would be a proper subject for commitment if treatment were withdrawn.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 overdosed on medication at least three times.  Slightam testified that without the commitment he was unsure “if [Kevin] would comply with all the medications.”  He also opined Kevin’s medication administration needs to be supervised. 

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court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity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) didn’t deprive parent of his right to jury trial. Walworth County DHHS v.

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 counsel is doing a proper job”

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.

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 as the warrant is not “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” United States v.

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 both the truth and the public safety, we hold that searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.

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. 524 (2005). Although the district court held that Freeman had waived the issue (right to conflict-free counsel) before raising it in his Rule 60 motion,

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 of the rule in Napue).

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, reviewed and applied.

State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11

court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity

Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed.