Brown v. Davenport, USSC No. 20-826, 4/21/2022, reversing Davenport v. MacLaren, 964 F.3d 448 (6th Cir. 2020); Scotusblog page (including links to briefs and commentary) What’s the standard of review for a federal habeas court considering whether a state court has properly found a constitutional error harmless? Well, actually, now a habeas petitioner must satisfy… Read more
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State v. M.S.H., 2022AP369, 6/1/2022, District 1 (one-judge decision; ineligible for publication); case activity The circuit court found M.S.H. to be an unfit parent on summary judgment. Turning to the dispositional phase, the court granted the state’s request to conceal from M.S.H. the identity of the person who the state considered likely to adopt her… Read more
State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently… Read more
State v. S.R., 2022AP293, 294 & 295, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.R. appeals the termination of her parental rights to three of her children. A jury found her unfit on two grounds: continuing CHIPS and failure to assume parental responsibility. She doesn’t challenge these findings on appeal; she instead… Read more
Outagamie County v. C.J.A., 2022 WI App 36; case activity On April 12th the court of appeals issued an opinion holding that due process does not require a county to give particularized notice of the standard of dangerousness that a person will satisfy if treatment is withdrawn. It also found that special verdict given to… Read more
State v. Theophilous Ruffin, 2022 WI 34, reversing an unpublished court of appeals decision; case activity (including briefs) This case doesn’t break new ground or develop existing law. Instead, it reverses the court of appeals for not applying the standard a circuit applies when deciding whether to hold an evidentiary hearing on a postconviction motion… Read more
Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs) A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to… Read more
On May 25, 2022, the court of appeals ordered publication of the following criminal law related decisions: State v. Joseph M. Marks, 2022 WI App 20 (merging of separate audio track onto recording of child’s audiovisual statement didn’t make the statement inadmissible under § 908.08(3)) State v. Antonio Darnell Mays, 2022 WI App 24 (reckless… Read more
