On Point

court of appeals publication orders, 9/29/10 On Point posts from this list: 2010 WI App 124 State v. Donald L. Schultz 2010 WI App 129 State v. Adamm D.J. Linton 2010 WI App 132 State v. Jacquese Franklin Harrell 2010 WI App 133 State v. Christopher D. Jones 2010 WI App 134 State v. Dionicia […]

Docket Decision Below (New Mexico supreme court) Question Presented: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. Cert. Petition State’s Brief Opposing Cert SCOTUSblog […]

7th circuit court of appeals decision Habeas – Napue Issue The Supreme Court has held that “a conviction obtained through use of false evidence, known to be such by representatives of the State, must fall under the Fourteenth Amendment.” Napue v. Illinois, 360 U.S. 264, 269 (1959) …. Thus, a new trial is required if […]

Posting will be light to non-existent, 9/27 – 10/5. Expect, during this time frame, Wisconsin court of appeals decisions and September publication orders, and the first USSC cert grants of OT ’10 (which might include an important good-faith issue; see this Orin Kerr post).

7th circuit court of appeals decision Prison Mail – Access to Courts As a matter of the due process right to a fair hearing in a civil matter, which includes the right to aid of counsel, a prison inmate is entitled to receive confidential communications from his lawyer. However, the prison is entitled, as a matter of security, […]

court of appeals decision (1-judge, not for publication); for Grenie: John C. Orth; Steven J. House; BiC; Resp.; Reply Traffic Stop – Blue Lights Traffic stop for having blue lights lit on front of vehicle, upheld. (§ 347.07(2)(a) bars display of “(a)ny color of light other than white or amber visible from directly in front.”) ¶6        Grenie […]

Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10 court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health & […]

Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10 court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the […]

State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10 court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp. A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation […]

State v. James Stoner, III, 2009AP2963, District 2, 9/22/10 court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply “Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of […]