State v. Marquis O., 2011AP2642, District 1, 2/14/12 court of appeals decision (1-judge, not for publication); for Marquis O.: Carl W. Chessir; case activity Grounds for terminating parental rights upheld, against argument that Bureau of Child Welfare didn’t make reasonable effort to provide services for Marquis O. to meet conditions for child’s return to him… Read more
admin
seventh circuit decision Habeas – Knowing Use of False Testimony (“Napue”) Due process prohibits knowing prosecutorial use of false testimony, Napue v. Illinois, 360 U.S. 264, 269 (1959). However, the prosecutor’s exploitation of Bland’s incorrect testimony on a potentially important point (the date his gun was confiscated) doesn’t support habeas relief on a Napue-type theory. Napue and Giglio hold… Read more
court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; review granted, 3/15/12 Guilty Pleas – Plea Colloquy Certified Issue: Whether a plea colloquy’s understating the potential penalty is subject to harmless error analysis, such that if the subsequently-imposed sentence doesn’t exceed the misadvised maximum, plea-withdrawal isn’t supported. The details: Taylor was charged as a repeater… Read more
Marilyn Mulero v. Thompson, 7th Cir No. 10-3875, 2/7/12 seventh circuit decision Habeas – Procedural Bar Muleros’ failure to present various claims “through one complete round of state court review” operates as procedural default; citing, Smith v. McKee, 598 F.3d 374, 382 (7th Cir. 2010). … While Mulero did present numerous other claims of ineffective… Read more
State v. Michael A. Imbruglia, 2011AP1373-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); for Imbruglia: Rick Ramirez; case activity In circuit court, Imbruglia successfully challenged use of a Colorado conviction as an OWI enhancer (on the ground that statute isn’t “substantially similar” to Wisconsin’s). However, after another OWI arrest the very next day… Read more
State v. James M. Johnson, 2011AP2374-CR, District 2, 2/8/12 court of appeals decision (1-judge, not for publication); pro se; case activity Evidence – Johnson left voicemail message on complainant’s work phone – held sufficient to sustain conviction for violating temporary restraining order. ¶8 Regarding the nature of the voice mail message and its violation of the… Read more
State v. Zachary Ryan Wiegand, 2011AP939-CR, District 3, 2/7/12 court of appeals decision (not recommended for publication); for Wiegand: Brian C. Findley; case activity Despite initially waiving his Miranda rights, Wiegand later unequivocally asserted his right to silence (“I don’t want to say anything more”); nonetheless, the interrogating officer did not scrupulously honor this invocation, and… Read more
Chippewa County Dept. of Human Services v. James A., 2011AP2613, District 3, 2/7/12 court of appeals decision (1-judge, not for publication); for James A.: Susan E. Alesia, SPD, Madison Appellate; case activity ¶18 James does not allege Wis. Stat. § 48.415(6) implicates a First Amendment right. Therefore, the threshold question is whether James’ conduct plainly falls within the statute’s proscriptions. If… Read more
