On Point

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 counsel by alleging instead that,

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, the Sixth Circuit found that because there is a reasonable probability that Cooper would have accepted the plea offer had he been adequately advised,

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 is to say,

court of appeals decision (1-judge, not for publication); pro se; case activity; State Resp.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 need for an interpreter,

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court of appeals decision (1-judge, not for publication), affirmed, 2012 WI 52; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity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 attorney.

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,

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 then searched,

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 of the difficulties and dangers of self-representation,

State v. Cham Okery Omot, 2010AP899, District III

court of appeals decision (3-judge, not recommended for publication); for Omot: Tyler William Wickman; case activity; Omot BiC; State Resp.; Reply

Evidence held insufficient to sustain convictions for maintaining drug trafficking place, § 961.42(1), and possession with intent to distribute THC , § 961.41(1m)(h)1., both as party to a crime,