Michael Carter v. Stephen Duncan, 7th Circuit Court of Appeals No. 13-2243, 3/30/16 Carter sought habeas relief on the ground his trial lawyer was ineffective for failing to investigate what two defense potential witnesses had to say and failing to present their testimony at his murder trial. The Seventh Circuit holds that although the state court… Read more
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Sila Luis v. United States, USSC No. 14-419, 2016 WL 1228690 (March 30, 2016), vacating and remanding U.S. v. Luis, 564 Fed. Appx. 493 (11th Cir. 2014) (per curiam) (unpublished); Scotusblog page (including links to briefs and commentary) The question presented in this case is whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets—that is… Read more
Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read more
Marquette County v. T.F.W., 2015AP2603-FT, 3/24/16, District 4 (one-judge decision; ineligible for publication); case activity At T.F.W.’s ch. 51 extension hearing, one of the examining physicians was asked “have the advantages, disadvantages and alternatives to [T.F.W.’s] medication been explained to [him]?” Her answer: “Yes, they have.” (¶7). That was the extent of the testimony on… Read more
Arthur Mitchell v. Donald Enloe, 7th Circuit Court of Appeals No. 14-2946, 3/24/16 The Seventh Circuit rejects Mitchell’s claims that the lawyer representing him at his state murder was ineffective because he should have asked for a provocation instruction as well as a self-defense instruction, because the two defenses were inconsistent and the jury clearly rejected the… Read more
Eric D. Holmes v. Ron Neal, 7th Circuit Court of Appeals Nos. 04-3549, 06-2905, and 14-3359, 3/22/16 Holmes claims various errors in his capital murder case merit habeas relief, but the 7th Circuit doesn’t agree. Holmes’s primary claims involve unanticipated testimony by a sheriff’s deputy during the guilt phase of his trial and various errors during the penalty phase… Read more
State v. Jeffrey C. Denny, 2016 WI App 27, petition for review granted 6/15/16, overruled, 2017 WI 17; case activity (including briefs) If you are thinking about filing a motion under § 974.07 or are in the middle of litigating such a motion, you’ll want to read this decision. The court of appeals holds Denny is entitled to… Read more
State v. John Steven Duewell, 2015AP43-44-CR, 3/23/16, District 1 (not recommended for publication); case activity (including briefs) In a decision that seems to conflict directly with State v. Torbeck, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 414, see our post here, the court of appeals holds that carburetor cleaner is an intoxicant… Read more
