7th circuit decision, imposing discipline Sanctions – Abandonment of Client It is apparent from this final motion for additional time that Boyle-Saxton elected to put work for other clients ahead of her obligations to Rodriguez and this court. That is unprofessional; lawyers have an ethical obligation to take no more work than they can perform… Read more
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7th circuit decision, denying habeas in relief Habeas – Standard of Review – Ineffective Assistance of Counsel When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243. Under this “more generous standard,” George v. Smith, 586 F.3d 479… Read more
Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12 court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based… Read more
Heather T. C. v. Donald M. H., 2010AP467, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity Failure to object at trial waived appellate challenge to jury instructions and verdict form that combined two separate periods of abandonment as grounds for termination. ¶6 Failure to object to proposed jury instructions or… Read more
State v. Anthony C. Boyden, 2012 WI App 38 (recommended for publication); for Boyden: Rex Anderegg; case activity Information provided by Boyden before his sentencing, which didn’t bear fruit until much later, supported a new factor-based request for sentence modification. State v. Doe, 2005 WI App 68, 280 Wis. 2d 731, 697 N.W.2d 101, followed. ¶14 Boyden’s… Read more
State v. Terrence T. Boyd, 2012 WI App 39 (recommended for publication); for Boyd: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Because Boyd’s car was registered in a state (Illinois) that issues two plates, car could be stopped for failing to display a plate on the front, in violation of § 341.15(1) (“[w]henever 2 registration… Read more
Winnebago County v. Nathan W., 2011AP2099, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Nathan W.: Martha K. Askins, SPD, Madison Appellate; case activity ¶3 Here, Dr. Zerrien’s testimony at the commitment hearing supported the circuit court’s commitment order. Dr. Zerrien was Nathan’s treating psychiatrist. Dr. Zerrien testified based on his treatment of Nathan and his… Read more
State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial judge sua sponte failing to… Read more
