State v. Esequiel Morales-Pedrosa, 2016 WI App 38; case activity (including briefs) The case law prohibiting vouching by one witness for the credibility of another witness didn’t clearly cover a forensic interviewer’s testimony that 90% of child sexual assault reports are true. Thus, trial counsel wasn’t deficient for failing to object to the testimony. At Morales-Pedrosa’s trial for… Read more
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State v. Tyler Q. Hayes, 2015AP314-CR, and State v. Tanner J. Crisp, 2015AP315-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs) A sheriff’s deputy, noticing a car parked outside the lines in a parking lot, pulled behind the car, walked up to the driver’s door, and perhaps (the testimony is not clear) asked that… Read more
State v. Henry J. Bloedorn, 2015AP953-CR, 4/6/2016, District 2 (not recommended for publication); case activity (including briefs) Henry Bloedorn brought three ineffective assistance claims regarding the attorney who represented him during his plea and sentencing. That attorney’s unchallenged testimony at the Machner hearing convinced the circuit court, and now the court of appeals, that his performance… Read more
State v. Lazeric R. Maxey, 2015AP2137-CR, 4/6/16, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Maxey isn’t entitled to credit on time he spent in custody relating to two cases for which he’s serving consecutive sentences because he hasn’t shown the credit wasn’t given on the earlier-imposed sentence. Maxey was on ES for… Read more
Question Presented: Most states and the federal government have a rule of evidence generally prohibiting the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdict. Known colloquially as “no impeachment” rules, they are typically codified as Rule 606(b); in some states, they are a matter of common law… Read more
Woods v. Etherton, USSC No. 15-723 (April 4, 2016) (per curiam), reversing Etherton v. Rivard, 800 F.3d 737 (6th Cir. 2015); SCOTUSblog page (including links to petition, response and reply) This was a federal habeas action in which the petitioner claimed, among other things, that: (1) the state trial court’s admission of an anonymous tip… Read more
Lester Ray Nichols v. United States, USSC No. 15-5238, 2016 WL 1278473, (April 4, 2016), reversing United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014); Scotusblog page (including links to briefs and commentary) In a unanimous opinion of limited impact, the Supreme Court holds that a prior version of SORNA did not require a registered sex… Read more
It’s been a quiet week for appellate decisions, so here are some links to sate your appetite for law-related reading: Is cell phone location tracking is a search under the Fourth Amendment? The Wisconsin Supreme Court couldn’t decide that question, but the Maryland Court of Appeals can, and does: We conclude that people have a reasonable expectation… Read more
