On Point

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court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity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 to § 343.305(8)(am). Schroeder argues that this omission causes a loss of presumptive reliability of the blood test (which allows admission into evidence without expert testimony).

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 brief points out.  

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. Randolph, 547 U.S. 103, 120 n.

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 a federal court should determine the maximum sentence for a prior state drug offense for ACCA purposes.

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 proceeding, has a federal constitutional right to effective assistance of first post-conviction counsel specifically with respect to his ineffective-assistance-of-trial-counsel claim.

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 lies inside and what lies outside of habeas corpus today in Skinner v.

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 a change in “substantive liability”

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 police, Grayer wasn’t prejudiced by the deficiency.

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.