Rafel Arriaza Gonzalez v. Thaler, USSC No. 10-895, 1/10/12, affirming 623 F. 3d 222 (5th Cir. 2010) Habeas Procedure – Certificate of Appealability, Defects and Jurisdiction … 28 U. S. C. §2253(c), provides that a habeas petitioner must obtain a certificate of appealability (COA) to appeal a federal district court’s final order in a habeas… Read more
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Juan Smith v. Cain, USSC No. 10-8145, 1/10/12 Statements by the sole eyewitness, who identified Smith at trial as one of the perpetrators, that in fact he couldn’t see the faces of the perpetrators were “material” to determination of Smith’s guilt. Therefore, the state’s failure to disclose these statements before trial violated Smith’s due process… Read more
Barion Perry v. New Hampshire, USSC No. 10-8974, 1/11/12, affirming State v. Perry (N.H. sup. ct. 11/18/10) For purposes of due process, a pretrial identification isn’t suppressible unless the product of improper law enforcement activity. We have not extended pretrial screening for reliability to cases in which the suggestive circumstances were not arranged by law enforcement officers. Petitioner… Read more
City of Beloit v. Steven A. Herbst, Sr., 2010AP2197, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Herbst: Tracey A. Wood; case activity Evidence held sufficient to support OWI conviction, where Herbst was found in parked car, slumped over the steering wheel with the engine running, along with evidence that the designated driver… Read more
State v. Heather M. Kolman, 2011AP1917-CR, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Kolman: John C. Orth; case activity Scope of a concededly proper traffic stop (for defective brake light) wasn’t unlawfully expanded by testing Kolman for signs of intoxication (reciting alphabet; “mini” HGN test). ¶15 Most relevant here, and as discussed… Read more
State v. Leon A. Wedde, 2011AP130-CR, District 2, 1/11/12 court of appeals decision (1-judge, not for publication); pro se; case activity The trial court dismissed with prejudice the pending charge when the prosecutor was unable to proceed on the scheduled date. The State argues that dismissal should have been without prejudice, and the court of… Read more
State v. Frederick W. Scheuers, 2011AP1709-CR, District 2, 1/11/12 court of appeals decision (1-judge, not for publication); for Scheuers: Jeffrey Mann; case activity Sentence of 7 months for criminal damage to property, upheld as proper exercise of discretion. ¶9 Scheuers acknowledges that the trial court “took into account and properly stated on the record what [it] believed… Read more
Racine County HSD v. Roseannah M. H., 2011AP1776, District 2, 1/11/12 court of appeals decision (1-judge, not for publication); for Roseannah: Patrick Flanagan; case activity On this TPR appeal by the County, the court of appeals upholds an order granting Roseannah’s motion to withdraw her admission to grounds. Such an admission must be knowing, intelligent… Read more
