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SCOTUS: Second habeas petition filed while first petition pending on appeal must clear procedural hurdle before claim may be considered on its merits.
Rivers v. Guerrero, USSC No. 23-1345, 6/12/2025; Scotusblog page (with links to briefs and commentary) A unanimous SCOTUS held that a habeas petitioner’s second filing asserting a new claim for relief, submitted after the district court entered judgment with respect to the first filing but while the first filing was pending on appeal, qualifies as […]
- B. Federal
- B. Opinions
- 4. Procedure
- 5. Successive petitions
- f. Supplementing record
- j. Appeals
- 22. Habeas corpus
- 44. SCOTUS
June 18, 2025
Defense Win: Circuit court erroneously exercised discretion when it denied motion to suppress under independent source doctrine without evidentiary hearing
State v. Timothy J. Petrie, 2024AP2629-CR, 6/11/25, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) Petrie argued the officer lacked probable cause to perform a preliminary breath test (PBT), therefore all evidenced gathered afterward must be suppressed. On appeal, he contends that the circuit court improperly applied the independent source doctrine because […]
- a. Field Sobriety Testing
- 1. Appeals
- 2. Traffic stops
- C. Unpublished Opinions
- G. Reasonable suspicion
- K. Standards of Review
- 27. suppression decision
- 35. Search & Seizure
- 46. WI Court of Appeals
June 17, 2025
COA affirms PAC conviction, concludes officer had reasonable suspicion to extend traffic stop for FSTs
City of West Bend v. Logan Patrick Lang, 2024AP2559, District II, 6/4/25 (one-judge decision; ineligible for publication); case activity COA affirms the circuit court’s order denying Lang’s suppression motion. Lang did not challenge the initial stop, but argued that the officer lacked reasonable suspicion to extend the stop for field sobriety tests.
- 1. Stops, in general
- a. Field Sobriety Testing
- 2. Traffic stops
- C. Unpublished Opinions
- G. Reasonable suspicion
- 35. Search & Seizure
- 46. WI Court of Appeals
June 15, 2025
SCOW relies on deferential standard of review to reject allegation that Zoom procedure violated defendant’s due process rights
State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims […]
COA: Sufficient evidence to request blood draw independent from defendant’s compelled statements; defendant’s IAC claims were conclusory and undeveloped.
State v. Nicholas J. Nero, 2023AP543, District III, 6/10/25 (one-judge decision; ineligible for publication); case activity The COA found that law enforcement had probable cause that Nicholas Nero was driving under the influence, independent from his compelled statement to his probation officer and un-Mirandized statement to a deputy sheriff, and therefore affirmed the circuit court’s […]
- A. In-Custody, 5th Amendment
- 1. Appeals
- Blood Test Admissibility
- b. Prejudice not found
- 2. Attenuation of taint
- b. Blood test
- 2. Prejudice
- B. Chs. 343-346: Traffic offense
- 3. Evidence
- c. Implied Consent
- C. Unpublished Opinions
- C. Voluntariness
- D. Waiver of issues/arguments
- D. Search incident to arrest
- 5. Confessions
- 6. Search incident to arrest
- 7. Statement to field agent/PO
- 7. Confession suppressed
- H. Exclusionary rule
- 9. Crimes
- 35. Search & Seizure
- 46. WI Court of Appeals
June 13, 2025
Defense Win: COA holds that circuit court wrongly limited defendant’s testimony; holds error is not harmless
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case.
- 1. Appeals
- 2. Evidentiary decision
- C. Unpublished Opinions
- D. Relevance, Ch. 904
- D. Ch. 940: Against life/body
- 5. Daubert
- G. Opinions/experts, Ch. 907
- H. Hearsay, Ch. 908
- 9. Crimes
- 10. Evidentiary decisions
- K. Standards of Review
- L. Harmless Error
- 15. Evidence
- 27. Errors declared harmful
- 46. WI Court of Appeals
- Uncategorized
COA: State has important interest, for purposes of Sell, to forcibly medicate defendant charged with resisting arrest causing soft tissue injury.
State v. T.A.W., 2025AP437-CR, 6/3/25, District I (not recommended for publication); case activity Although the charges against T.A.W. — resisting an officer causing soft tissue injury and retail theft — are not “serious crimes” under Wis. Stat. § 969.08, which specifies procedures for pretrial release, the COA found that the State met its burden to […]
- A. For trial
- 2. Medication proceedings
- C. Involuntary medication
- 3. Civil Commitments
- C. Unpublished Opinions
- 3. Burden of proof
- 4. Competency of defendant
- 5. Regaining competency
- F. Sec. 971.14 commitments
- 46. WI Court of Appeals
- Uncategorized
June 12, 2025
Seventh Circuit Cases for April and May
We made the mistake of waiting to consolidate our monthly digest given the slow pace of the court. Turns out there’s a lot to post on! This installment features an interesting decision on child porn possession, multiple alleged Franks violations, some Fourth Amendment wrangling, disturbing prisoner abuse in Wisconsin institutions, and a handful of non-Wisconsin […]
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