State v. Michael P. Green, 2011AP2137-CR, District 2, 8/8/12 court of appeals decision (1-judge, not for publication); case activity Traffic stop, based on report by gas station attendant of suspected drunk driver, was sufficiently reliable to support investigatory stop. ¶10 This court has previously held that a tip shows sufficient indicia of reliability to justify an… Read more
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State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby… Read more
Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12 court of appeals decision (1-judge, ineligible for publication); case activity By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman); case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1 On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read more
State v. Tracy A. Stokes, 2011AP2379-CR, District 1, 8/7/12 court of appeals decision (1-judge, ineligible for publication); case activity Stokes’ § 974.06 motion didn’t “set forth any reason, much a sufficient reason, for failing” to raise in his prior postconviction motion the issues presently raised, therefore the issues are procedurally barred, State v. Escalona-Naranjo, 185 Wis. 2d… Read more
State v. Michael Anthony Lock, 2012 WI App 99 (recommended for publication); case activity Other-Acts Evidence Lock was tried and convicted for homicide, kidnapping and possession with intent to deliver. The State elicited testimony from numerous witnesses to the effect that Lock headed a vast criminal enterprise, of which these crimes were a part in… Read more
seventh circuit court of appeals decision, affirming habeas grant following remand in 539 F.3d 766 (further case history: here) Habeas Review – Evidentiary Hearing The rule of Cullen v. Pinholster, 131 S. Ct. 1388 (2011), that 2254(d)(1) review is limited to the state-court record, doesn’t apply where the state court didn’t address a component part of the claim (here, deficient performance on… Read more
seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read more
