On Point

Holland v. Florida, USSC No. 09-5327, 6/14/10 Habeas – Filing Deadline – Equitable Tolling, Generally The 1-year limitations period for filing an 18 U.S.C. §2254 habeas petition is subject to “equitable tolling”: We have not decided whether AEDPA’s statutory limitations period may be tolled for equitable reasons. … Now, like all 11 Courts of Appeals […]

7th circuit court of appeals decision Issues as Defined by Certificate of Appealability Holmes’s failure to brief on appeal the merits of his constitutional claims did not waive them, because the order granting certificate of appealability “invited the parties only to brief the [threshold] procedural issue” of whether the claims had been defaulted in state […]

Bradley K. Darwin, No. 2009AP2608-FT, District IV, 6/10/10 court of appeals decision (1-judge; not for publication); for Darwin: Bill Ginsberg; BiC; Resp.; Reply ¶5     Darwin argues that the officer lacked probable cause to arrest him for OWI. The municipal court made the following findings of fact with respect to probable cause: Darwin signaled a turn, […]

State v. Melody P.M., No. 2009AP2994, District IV, 6/10/10 court of appeals decision (1-judge; not for publication) Civil conviction for an ordinance violation may be expunged under § 973.015. Can’t provide any of the background beyond what’s recited in the opinion, because all traces have been removed from both circuit court and appellate dockets. Makes […]

Barber v. Thomas, USSC No. 09-5201, 6/7/10 Credit for good behavior for a federal prisoner is awarded after, rather than before, the fact under 18 U. S. C. §3624(b)(1). Of course, computation of federal sentence credit will ordinarily be a matter of indifference to the state practitioner, but the Court’s discussion of the rule of […]

court of appeals decision (1-judge; not for publication); for Oetzman: Kirk B. Obear; BiC; Resp.; Reply Traffic Stop – U-Turn ¶8     As such, three rules of the road come into play.Under Wis. Stat. § 346.34(1), no person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway […]

court of appeals decision (3-judge, not recommended for publication); pro se; Resp. Br. Assistance of Counsel – Plea-Withdrawal Counsel’s failure to file pre-sentencing motion to withdraw plea wasn’t due to failure to investigate claimed newly discovered evidence, hence wasn’t ineffective: according to trial court findings of fact, counsel indeed considered the value of this evidence […]

court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply Traffic Stop – Reasonable Suspicion ¶16     Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion […]

court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky TPR – Plea to Grounds In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event […]

court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley TPR – Assume-Responsibility Ground Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs: ¶30     The trial court accurately concluded that the evidence it outlined was sufficient to support […]