Question Presented (from cert petition): In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to… Read more
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State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12 court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12 Although admittedly “inconsistent” in the way it defines “mental disorder,” when read “as a whole,” the pattern jury instruction for ch. 980… Read more
court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a criminal case, are the instructions… Read more
court of appeals publication orders, 4/25/12 On Point posts from this list: 2012 WI App 42 La Crosse Tribune v. Circuit Court for La Crosse County 2012 WI App 46 State v. Lamont L. Travis 2012 WI App 47 State v. Matthew R. Steffes 2012 WI App 48 State v. Dennis R. Thiel 2012 WI App 49 Village of McFarland v… Read more
Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed… Read more
State v. Shawn M. Klingelhoets, 2012 WI App 55 (recommended for publication); for Klingelhoets: Robert R. Henak; case activity Intentionally Mistreating Animal, Resulting in Death, §§ 951.02 and 951.18(1) – Intent Element Intentionally mistreating an animal, resulting in the animal’s death, contrary to Wis. Stat. §§ 951.02 and 951.18(1), doesn’t require intent to kill: ¶17 In sum, the plain language of Wis… Read more
State v. Samuel Curtis Johnson, III, 2011AP2864-CRAC, District 2, 4/18/12, WSC rev granted 11/14/12 court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Johnson: Mark D. Richards, Michael F. Hart, Craig S. Powell, Geoffrey R. Misfeldt; case activity Shiffra-Green Procedure – Privileged Records – Remedy Where Witness Declines Consent for in Camera… Read more
State v. Clarence E. Brown, 2011AP2049-CR, District 1, 4/17/12 court of appeals decision (1-judge, not for publication); for Brown: Daniel R. Drigot; case activity Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional The court upholds the constitutionality of the prior version of § 941.23, CCW, as not violating the right to bear arms (since-modified, to allow conceal-carry… Read more
