On Point

State v. Tushar S. Achha, 2009AP1977-CR, District 2, 1/26/11 court of appeals decision (3-judge, not for publication); pro se; case activity; State Resp. Ineffective Assistance Claim – Necessity of Motion Failure to preserve a challenge to trial counsel’s performance via postconviction motion waives the issue on appeal, ¶19. Entrapment – Child Sex Crime with Computer […]

State ex rel. Christopher L. Shelton v. Smith, 2010AP719, District 2, 1/26/11  court of appeals decision (not recommended for publication); case activity; State Resp. Shelton was sentenced on two pre-TIS counts: an active (indeterminate) prison sentence on one count and a consecutive term of probation on the other. He served out the first sentence, with the […]

State v. Ashley M. Toliver, 2010AP484-CR, District 2, 1/26/11 court of appeals decision (3-judge, not recommended for publication); for Toliver: Elizabeth Ewald-Herrick; case activity Community caretaker doctrine supported, in the first instance, search of seemingly lost purse found in common area of apartment building; and, in the second, entry of apartment after co-inhabitant requested officer […]

State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant […]

Honorable Mark J. McGinnis v. Mario Jimenez, 2010AP2208, District 3, 1/25/11 court of appeals decision (1-judge, not for publication); for Jiminez: Shelley Fite, SPD, Madison Appellate; case activity; Jiminez BiC; State Resp.; Reply The circuit court lacks authority to sanction a 17-year-old for failure to comply with conditions imposed for violating a local truancy ordinance. […]

State v. Troy J., 2010AP670, District 1, 1/25/11 court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the […]

Docket Decision below (3rd Cir No. 08-4747, 5/14/10) Question Presented (by Scotusblog): Validity of the Sex Offender Registration and Notification Act and its implementing regulations. Cert petition Petitioner’s reply Scotusblog page Scotusblog analysis: The newly granted sex offender case involves an attempt to challenge the retroactive application of the Sex Offender Registration and Notification Act. […]

Docket Decision below (617 F.3d 813 (6th Cir 2010)) Question Presented (by Scotusblog): Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always “in custody” for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison […]

Swarthout v. Damon Cooke, USSC No. 10-333, 1/24/11 Review under 28 U.S.C. § 2254 of a state’s decision to deny parole is limited to whether the inmate was provided an opportunity to be heard and a statement of reasons why parole was denied. The federal court simply has no authority to scrutinize the merits of the […]

7th Circuit decision Habeas – Procedural Default “Adequate presentation of a claim requires a petitioner to present both the operative facts and the legal principles that control each claim to the state judiciary.” (Quoting, Stevens v. McBride, 489 F.3d 883, 894 (7th Cir. 2007).) Suh procedurally defaulted his theory of recusal based on the appearance […]