Brian K. Boulb v. United States, 7th Circuit Court of Appeals No. 15-1383, 4/4/16 Boulb filed a § 2255 habeas petition challenging his federal conviction 16 months after the conviction was final. That was four months too late. Boulb argued he was entitled to equitable tolling of the 12-month filing deadline because of his mental incompetence, but… Read more
admin
State v. Michael A. Durham, 2015AP1978-CR, 4/12/2016, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police were dispatched in response to a 6:30 p.m. phone call from a neighbor about unintelligible yelling and “banging” that shook the walls of Durham’s residence. (¶2). After knocking and ringing the doorbell and receiving no response… Read more
Voces De La Frontera, Inc. v. David A. Clarke, Jr., 2016 WI App 39, petition for review granted 6/15/16, reversed, 2017 WI 16; case activity (including briefs) Voces De La Frontera submitted an open records request for all immigration detainer forms that Sheriff David Clarke received during a 15-month period. Clarke supplied the forms but redacted… Read more
Outagamie County v. Adam B., 2015AP718, 4/12/16, District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) The circuit court neglected to specify which of the 5 statutory “dangerousness” standards in §51.20(1)(a)2.a-e supported the Ch. 51 commitment of Adam B. But that did not trouble the court of appeals. Given the “de novo” standard of… Read more
State v. Luis Calderon-Encarnacion, Jr., 2014AP2252-CR, 04/12/2016 (not recommended for publication); case activity (including briefs) Calderon was found guilty at trial of shooting up the house of his child’s mother. The evidence against him included the fact that he was pulled over 20 minutes after the shooting in a vehicle matching an eyewitness description of the shooter’s… Read more
State v. Tony Phillip Rogers, 2015AP921-CR, 4/12/16, District 1 (not recommended for publication); case activity (including briefs) Though the complainant in Rogers’s child sexual assault prosecution made statements to her mother about “hearing voices” and needing mental health assistance, trial counsel was not deficient for failing to move for an in camera review of her… Read more
State v. L.N.S., 2015AP1617, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity The evidence regarding the mother’s interaction with her daughter over the daughter’s entire lifetime was sufficient to support the jury’s determination that the mother failed to assume parental responsibility. Melissa cared for her daughter Catie for the first seven weeks of Catie’s life… Read more
State v. A.M.B., 2015AP1618, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity Andy was incarcerated when his daughter Catie was born and he remained in custody throughout the subsequent CHIPS and TPR proceedings. He ultimately admitted to the continuing CHIPS ground for termination of his parental rights, but now claims his admission was invalid because… Read more
