State v. Traci L. Scott, 2011AP2115-CR, District 2, 3/21/12 court of appeals decision (1-judge, not for publication); for Scott: Rex Anderegg; case activity The court rejects Scott’s challenge to a prior OWI conviction, concluding that she aware of the range of punishments, dangers of self-representation, etc. General test recited: ¶2 A defendant facing an enhanced sentence… Read more
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Lafler v. Anthony Cooper, USSC No. 10-209, 3/21/12, vacating and remanding, 376 Fed. Appx. 563 (6th Cir. 2010); prior post; companion case: Missouri v. Frye, 10-444 Cooper turned down a favorable plea bargain and instead went to trial, after his attorney erroneously told him the prosecution would be unable to establish intent to kill because… Read more
United States Supreme Court decision, vacating and remanding, 311 S.W.2d 350 (Mo. App. W.D. 2010); prior post; companion case: Lafler v. Cooper, 10-209 Counsel – Effective Assistance – Plea Bargaining Counsel’s failure to communicate to Frye a favorable plea bargain offer from the prosecutor was deficient performance under 6th amendment analysis of effective assistance of counsel. Frye’s… Read more
Luis Mariano Martinez v. Ryan, USSC No. 10-1001, 3/20/12, reversing and remanding, 623 F.3d 731 (9th Cir. 2011) Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance… Read more
State v. Heidi L. Fleischmann, 2011AP2558-CR, District 3, 3/20/12 court of appeals decision (1-judge, not for publication); for Fleischmann: Sarvan Singh; case activity The State satisfied its burden of proving that Fleischmann operation of a motor vehicle, in a parking lot adjacent to an empty business building, was on “premises held out to the public… Read more
court of appeals decision; for Brereton: Matthew S. Pinix; case activity; prior post Search & Seizure – GPS Device – Warrant Issues (Composed by On Point): Whether the police illegally seized Brereton’s car, so as to taint a subsequently issued warrant for installation of a GPS tracking device on it; or, whether tracking was unreasonable under U.S. v. Jones, __ U.S… Read more
seventh circuit decision Habeas Procedure – Application for Successive Attack Application to extend the deadline for permission to file a second collateral attack, § 28 U.s.C. 2244(b), is premature: Now before the court are papers Maxy labels a motion, in which he informs us that he intends to file a second § 2244(b) application. Maxy… Read more
court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issue (from Certification): Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made. The guilty plea court misinformed Taylor that the maximum… Read more
