On Point

7th circuit court of appeals decision Habeas Review – Exculpatory Evidence Statements of three eyewitnesses, not disclosed to the defendant, that would have implicated the state’s principal eyewitness and otherwise impeached his credibility and that of 2 other state’s witnesses was “material.” It is reasonably probable that disclosure would have netted a different result, and […]

Renico v. Lett, USSC No. 09-338, 5/3/10 The state court’s conclusion of manifest necessity for mistrial where the foreperson reported inability to reach unanimity wasn’t unreasonable, hence grant of habeas relief is vacated: … (T)rial judges may declare a mistrial “whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity” […]

certification Issue: Can a circuit court disqualify retained counsel-of-record in a civil suit, thereby denying the client the right to representation by chosen counsel and restricting the attorney’s right to practice law in a civil action, where the attorney previously represented a nonparty witness for the opposing side? The Ciccantellis sued a condo association for […]

court of appeals decision (1-judge, not for publication); for Sporle: Robert J. Jackson; BiC; Resp.; Reply Implied Consent Procedure, § 343.305(2) ¶12 The officer complied with her obligations to provide the “Informing the Accused” information and to make an alternative test available. The officer informed Sporle that, if he took the requested test, he could have […]

court of appeals decision (1-judge, not for publication); for Davison: Steven Cohen; BiC; Resp.; Reply Reasonable Suspicion – OWI Reasonable suspicion found to administer field sobriety tests, where Davison admitted drinking 4 or 5 beers, had alcohol on his breath, was in close proximity to the bar where he had been drinking, and it was […]

court of appeals decision (1-judge, not for publication); for Miller: Dudley A. Williams; BiC; Resp.; Reply Community Caretaker Miller caught the attention of the police by driving very slowly, early in the morning, and pulling into the parking lot of a closed business. But he soon drove off, and neither committed any traffic violations nor […]

court of  appeals decision (3-judge; not recommended for publication); for Jackson: Mark S. Rosen; BiC: Resp.; Reply Double Jeopardy – Retrial Following Mistrial Mistrial on defendant’s motion, occasioned by prosecutorial failure to disclose that witness was cooperating with police in separate investigation of Jackson, didn’t bar retrial: there was no showing that the prosecutor was […]

court of appeals decision (3-judge; not recommended for publication); pro se; Resp. Br. Serial Litigation Bar Collins’ § 974.06 motion is procedurally barred by his failure to allege a “sufficient reason” for not previously raising issues as part of his prior, no-merit appeal, ¶1. Bit more interesting than that, in the following sense: the court […]

State v. Carl Ralph Eichorn, 2010 WI App 70; for Eichorn: Melissa Fitzsimmons, SPD, Milwaukee Appellate; BiC; Resp.; Reply Evidence was sufficient to support stalking conviction, though the requisite “course of conduct” occurred over short span of time: ¶9     In sum, there is more than sufficient evidence under our standard of review to […]

court of appeals decision (3-judge; not recommended for publication); for Lonski: Basil M. Loeb; BiC; Resp. Self-Defense Lonski’s claim of self-defense (that she was protecting herself from “unlawful” use of force by a uniformed officer) was rejected as not credible by the trial court in a bench trial, and that credibility determination wasn’t clearly erroneous. […]