Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15 In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley… Read more
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“Recommended Reading on Prosecutorial Misconduct.” Boy those DAs get away with a lot! Click here for more. Are underpaid public defenders happier than their wealthy counterparts in private practice? This article says “yes.” Check out UWLS Professor Cecilia Klingele’s new article on deterrence-based correctional programs here. “Anatomy of a Contempt: Just keep telling the judge… Read more
Steven D. Johnson v. Brian Foster, 7th Circuit Court of Appeals No. 13-2008, 5/6/15 Johnson’s failure to file a petition for review in the Wisconsin Supreme Court means he failed to complete a full round of state-court review, which in turn means his federal habeas petition is barred under the doctrine of “procedural default.” This default could be excused… Read more
Ralph D. Armstrong v. Karen D. Daily, et al., 7th Circuit Court of Appeals Nos. 13-3424 & 13-3482, 5/11/15 Ralph Armstrong was imprisoned for 29 years for the 1980 rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, State v. Armstrong, 2005 WI… Read more
State v. Royce L. Hawthorne, 2014AP1566/67, 5/12/15, District 1 (not recommended for publication); click here for briefs Hawthorne filed a pro se appeal from the denial of his §974.06 postconviction motion, which raised 9 claims of ineffective assistance of postconviction counsel and 3 claims of ineffective assistance of appellate counsel. The court of appeals dispensed… Read more
State v. Brandon L. P-D., 2014AP2785, District 4, 5/14/15 (one-judge decision; ineligible for publication); case activity The court of appeals rejects Brandon’s arguments that the evidence was insufficient to support his delinquency adjudication for incest because of the victim’s inconsistent testimony. The court also rejects his arguments that the circuit court erred in denying his motion… Read more
State v. Juan Francisco Rosas Vivar, 2014AP2199-CR, District 4, 5/14/15 (one-judge decision; ineligible for publication); case activity (including briefs) Vivar wasn’t seized for Fourth Amendment purposes when an officer “called out” to Vivar in as he walked across a parking lot, saying “Juan, can you come talk to me?” ¶15 Vivar asserts that Officer Rupprecht… Read more
State v. General Grant Wilson, 2015 WI 48, reversing an unpublished court of appeals summary disposition; opinion by Prosser; concurrence by Ziegler; dissent by Abrahamson; case activity (including briefs) If this portly opinion had been placed on 40-page reducing plan, it would have gained clarity and exposed its inner motive: ensuring that a 22-year old… Read more
