On Point

Harrington v. Richter, USSC No. 09-587, 1/19/11, reversing grant of habeas relief, in 578 F. 3d 944 The 9th Circuit failed to give sufficient deference to the state court’s determination that Richter received adequate representation, requiring reversal of it grant of AEDPA-2254 habeas relief. The principal thrust of the opinion relates to the standard of review, both […]

court of appeals decision (1-judge, not for publication); for Sagen: Charles W. Giesen, Jessica Jean Giesen; case activity; Sagen BiC; State Resp.; Reply Traffic Stop – Community Caretaker A yell from inside a passing truck justified a stop under the community caretaker doctrine. ¶13      We conclude that the facts as found by the circuit court satisfy this […]

Heather B. v. Jennifer B., 2011 WI App 26; for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Where abandonment as a ground for termination, § 48.415(1)(a)2., is triggered by removal from the home under a CHIPS order, the 3-month period of abandonment must fall completely within the duration of the CHIPS placement order. Here, […]

Premo v. Moore, USSC No. 09-659, 1/19/11, vacating grant of habeas relief, in 574 F.3d 1092 Moore, who admitted brutalizing the victim and shooting him in the temple, accepted a plea bargain on advice of counsel: he pleaded guilty to felony-murder, and received the minimum allowable sentence, thus avoiding a capital-offense charge. He raised a postconviction […]

State v. Terry L. Kletzien, Jr., 2011 WI App 22; for Kletzien: James A. Rebholz; case activity; Kletzien BiC; State Resp.; Reply In a prior appeal, Kletzien unsuccessfully challenged denial of postconviction discovery,  2008 WI App 182. (See, e.g., State v. O’Brien, 223 Wis. 2d 303, 321, 588 N.W.2d 8 (1999) (recognizing “a right to […]

State v. Michael S. L., 2010AP2352, District 2, 1/19/11 court of appeals decision; for Michael S.L.: Leonard D. Kachinski; case activity Restitution order of 200 hours’ community service, on adjudication for disorderly conduct for “prank”  bomb threat to school, and based on school’s estimate of economic loss due to evacuating students and staff for the bomb […]

State v. Justin J., No. 2010AP1796, District 3, 1/19/11 court of appeals decision  (1-judge, not for publication); for Justin J.: Shelley Fite, SPD, Madison Appellate; case activity Secure detention of 30 days was proper exercise of discreiton: ¶10      In this case, the factors the court considered and its statements show that the court used a […]

7th circuit decision, reversed, Hardy v. Cross, USSC No. 11-74, 12/12/11 Habeas Review – Confrontation – Pre-Crawford (Ohio v. Roberts) Showing of Witness Unavailability The state court (Illinois) unreasonably applied controlling Supreme Court precedent in finding good-faith efforts to secure the presence of the declarant, before determining that she was unavailable so that her first-trial […]

decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Issues (formulated by On Point): Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability. Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions […]

decision below: unpublished; for Buchanan: Tyler William Wickman; case activity Issue (formulated by On Point): Whether, during the course of a routine traffic stop, the police developed reasonable suspicion to believe Buchanan armed and dangerous so as to perform a “protective search” of his car. The court relied on the following to show reasonable suspicion to […]