On Point

seventh circuit court of appeals decision Ineffective Assistance – NGI Defense – Habeas Review Counsel performed deficiently by failing to: adequately prep his NGI expert witness, who had performed only a competency evaluation of Wilson and wasn’t given the opportunity for a reinterview with the distinct purpose of an NGI evaluation; present testimony of family […]

City of Ontario v. Quon, USSC No. 08-1392, 6/17/10 Assuming without deciding that police officer Quon had a reasonable expectation of privacy in the text messages of his department-issued pager, the Court concludes that the warrantless review of Quon’s pager transcript was reasonable because it was motivated by a legitimate work-related purpose and was not […]

City of Ripon v. Jonathan Lebese, No. 2009AP2996-FT, District II, 6/16/10 court of appeals decision (1-judge; not for publication); for Lebese: Wendy A. Patrickus; BiC; Resp. ¶13     The circuit court’s “preliminary ruling” was based on the well-established standards of reasonable suspicion. Lebese’s counsel had proffered that the additional defense witness would corroborate Lebese’s account that […]

court of appeals decision; BiC; Resp.; Reply Confidentiality – § 51.30(4) – Emergency Detention Statement Release by a police department of a statement of emergency detention, occasioned by a deputy sheriff’s threat to kill superior officers, violated the § 51.30(4) prohibition on release of “treatment records”; and was not justified by the public policy exception that imposes […]

Shawano Co. v. William P. Pari, No. 2009AP2338-FT, District III, 6/15/10 court of appeals decision (1-judge; not for publication); for Pari: John S. Bartholomew; BiC; Resp.; Reply ¶10    We agree that Pari’s minimal deviations within the traffic lane do not alone give rise to reasonable suspicion that he was operating while intoxicated. See id., ¶¶18-21. […]

State v. Armando J. Castanada, No. 2009AP1438-CR, District I, 6/15/10 court of appeals decision (3-judge, not recommended for publication); for Castanada: Jeremy C. Perri; BiC; Resp.; Reply Appellate Review – Implicit Findings ¶30     The postconviction circuit court did not make any express findings as to the credibility of any of the witnesses’ testimony. However, as […]

State v. Daniel Arends, 2010 WI 46, affirming as modified, 2008 WI App 184; for Arends: Leonard D. Kachinsky Procedure clarified for handling discharge petitions under recently amended § 908.09 : ¶3   We conclude that § 980.09 requires the circuit court to follow a two-step process in determining whether to hold a discharge hearing. ¶4   Under […]

Issues: (1) Whether it is appropriate under § 2254 for a federal court to conclude that a state court’s rejection of a claim was unreasonable in light of facts that an applicant could have but never alleged in state court; and (2) what standard of review is applicable to claims of ineffective assistance of counsel. […]

7th circuit court of appeals decision Judges – Elections – Partisan Affiliation, Endorsements The judicial candidate partisan affiliation ban, SCR 60.06(2)(b)1, violates the first amendment. The crux of the state’s concern here seems to be that a judge who publicly affiliates with a political party has indicated that he is more inclined toward that party’s […]

Dolan v. United States, USSC No. 09-367, 6/14/10 This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18 […]