Erick Daniel Davila v. Lorie Davis, USSC No. 16-6219, 2017 WL 2722418 (June 26, 2017), affirming Davila v. Davis, No. 15-70013 (5th Cir., May 31, 2016) (unpublished); Scotusblog page (including links to briefs and commentary) In a 5-to-4 decision, the Supreme Court holds that ineffective assistance of counsel in state postconviction proceedings does not provide cause to excuse, in a subsequent… Read more
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Divna Maslenjak v. United States, USSC No. 16-309, 2017 WL 2674154 (June 22, 2017), reversing U.S. v. Maslenjak, 821 F.3d 675 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) This case will be of interest to federal practitioners only. The Sixth Circuit had taken a position in conflict with the Seventh, United… Read more
Jae Lee v. United States, USSC No. 16-327, 2017 WL 2694701 (June 23, 2017), reversing Lee v. United States, 825 F.3d 311 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) Lee’s lawyer told him he would not be deported if he pleaded guilty to a drug charge. His lawyer was wrong, so he performed deficiently… Read more
Weaver v. Massachusetts, USSC No. 16-240, 2017 WL 2674153 (June 22, 2017); affirming Commonwealth v. Weaver, 54 N.E.3d 495 (Mass. 2016); Scotusblog page (including links to briefs and commentary) Members of the public–specifically, Kentel Weaver’s family–were excluded from the overcrowded courtroom during jury selection for his trial. Violations of the Sixth Amendment right to public… Read more
State v. Keimonte Antoine Wilson, Sr., 2017 WI 63, 6/22/17, reversing a per curiam court of appeals decision; case activity (including briefs) The supreme court holds that the provisions of § 885.03 govern service of a subpoenas in criminal cases, not the provisions of § 805.07. Wilson’s trial lawyer served a subpoena on a witness for a… Read more
State v. Lazaro Ozuna, 2017 WI 64, 6/22/17, affirming an unpublished court of appeals opinion; case activity (including briefs) Lazaro Ozuna, a teenager, pled to two misdemeanors and got probation. The court also ordered that the convictions be expunged on successful completion of probation under Wis. Stat. § 973.015. Ozuna got through probation and was discharged… Read more
State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17, affirmed, 2018 WI 52; case activity (including briefs) Muldrow tried to withdraw his plea to sexual assault charges because the circuit court did not advise him during the plea colloquy that his pleas would subject him to lifetime GPS monitoring under §… Read more
Packingham v. North Carolina, USSC No. 15-1194, 2017 WL 2621313 (June 19, 2017); reversing State v. Packingham, 777 S.E.2d 738 (N.C. 2015); Scotusblog page (including links to briefs and commentary) Lester Packingham was convicted for having sex with a 13 year old when he was 21, and was thus required to register as a sex offender… Read more
