On Point

United States Supreme Court per curiam decision Habeas Review Petitioner Lawrence Jefferson, who has been sentenced to death, claimed in both state and federal courts that his lawyers were constitutionally inadequate because they failed to investigate a traumatic head injury that he suffered as a child.  The state court rejected that claim after making a finding that the attorneys […]

Question Presented: May a convicted prisoner seeking access to biological evidence for DNA testing assert that claim in a claim in a civil rights action under 42 U.S.C. § 1983, or is such a claim cognizable only in a petition for writ of habeas corpus? Docket: 09-9000 Petition for certiorari Brief in opposition Petitioner’s reply […]

U.S. v. O’Brien, USSC No. 08-1569, 5/24/10 § 924(c)(1)(B)(ii), which exposes a person convicted of possessing, using or carrying a machinegun during certain federal crimes to a mandatory minimum sentence of 30 years is an offense element subject to proof beyond reasonable doubt at trial rather than a penalty enhancer provable by mere preponderance of […]

U.S. v. Marcus, USSC No. 08-1341, 5/24/10 … (A)n appellate court may,in its discretion, correct an error not raised at trial only where the appellant demonstrates that (1) there is an “error”; (2) the error is “clear or obvious, rather than subject to reasonable dispute”; (3) the error “affected the appellant’s substantial rights, which in […]

Wisconsin supreme court decision Sixty-day suspension imposed for conceded misconduct consisting of: failure to take timely action with respect to civil forfeiture action against client; failure to respond to client’s reasonable requests for information and to timely communicate case developments; failure to explain legal implications of various dealings related to representation, ¶20. ¶28  Contrary to […]

decision below: unpublished (2009AP118); for Burns: David R. Karpe Issue: Is the Appellant entitled to a new trial in the interests of justice where (a) the circuit court banned the Appellant from presenting evidence that the victim’s post-assaultive behavior and loss of virginity was due to her having been sexually assaulted by her grandfather rather […]

court of appeals decision (1-judge; not for publication); for Dewitt: Thomas E. Hayes; BiC; Resp. Detention for 90 Minutes not Unreasonable Stop of motorist Dewitt by officer who, because he was off-duty, could not under departmental rules himself perform arrest, wasn’t unnecessarily prolonged by 90 minute delay until on-duty officer could show up. ¶15 Dewitt […]

State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1   … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides” […]

court of appeals decision (1-judge; not for publication); for Jenkins: Walter Arthur Piel, Jr.; BiC; Resp.; Reply Search & Seizure – Denial of Motion to Suppress without Evidentiary Hearing ¶2 n.2: Jenkins’ motion papers were inadequate and the circuit court would have been correct in denying him an evidentiary hearing. All Jenkins filed was a […]

court of appeals decision (1-judge; not for publication);  for Miske: Sarvan Singh; BiC; Resp. Terry Stop – Voluntary Encounter A voluntary encounter, rather than Terry stop, occurred where Miske came to a stop when approaching two squads flanking “an unlit back country road” at 1:00 a.m.: ¶12      When Miske and his partner stopped, they were […]