On Point

State v. Jonathan A. Meenen, 2009AP3107-CR, District 3, 1/11/11 court of appeals decision (3-judge, not recommended for publication); for Meenen: Donna L. Hintze, SPD, Madison Appellate; case activity; Meneen BiC; State Resp.; Reply On a charge of 1st-degree sexual assault of a (5-year-old) child, evidence of Meneen’s prior juvenile adjudication for sexual contact with an […]

Docket Decision below (CTA4) Scotusblog page The case appears to involve review of federal sentencing under the Armed Career Criminal Act. Consult Scotusblog page for further details. Decision, 6/6/11

Docket Decision below (311 S.W.3d 350, Mo. Ct. App) Question Presented: Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (1985)–which held that a defendant must allege that, but for counsel’s error, the defendant would have gone to trial–can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of […]

Docket Decision below (CTA6) Questions Presented: Anthony Cooper faced assault with intent to murder charges. His counsel advised him to reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the offer, and he was convicted as charged. Cooper does not assert that any error occurred at the trial. On habeas review, […]

certification; for Spaeth: Shelley Fite, SPD, Madison Appellate; case activity; Spaeth BiC; State Resp.; Reply Review granted 2/8/11 ISSUE In Kastigar v. United States, 406 U.S. 441, 453, 460 (1972), the United States Supreme Court held that the government may compel incriminating testimony so long as it comes with a grant of use and derivative use immunity—that […]

court of appeals decision (1-judge, not for publication); pro se; case activity; State Resp. Interpreter ¶6        We begin with Kedinger’s claim that he was improperly denied an interpreter.  In Strook v. Kedinger, 2009 WI App 31, ¶¶19, 21, 316 Wis. 2d 548, 766 N.W.2d 219, we noted that once a party properly notifies the trial court of the […]

State v. Tyler T., 2010AP784, District 2, 12/29/10 court of appeals decision (1-judge, not for publication), affirmed, 2012 WI 52; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity The prosecution isn’t prevented from appearing at a waiver recommendation staffing by the local health and human services agency, notwithstanding absence of the juvenile or his […]

State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply Confrontation – Generally The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26, citing Giles v. […]

State v. Tracy Smiter, 2011 WI App 15; for Smiter: Mayaan Silver; case activity; Smiter BiC; State Resp.; Reply During a routine traffic stop, passenger Smiter threw out of the window a substance the officer concluded was a marijuana blunt. Smiter was arrested for possession of marijuana (he concedes on appeal probable cause for the arrest) and the car […]

State v. Kenneth B. Bonner, 2010AP1414-CR, District 1, 12/28/10 court of appeals decision (1-judge, not for publication); for Bonner: Dennis P. Coffey; case activity; Bonner BiC; State Resp. Counsel – Waiver The trial court’s waiver colloquy omitted two required components: assurance that the defendant made a deliberate choice to proceed without counsel, and was aware […]