State v. Christopher J. Felton, 2012 WI App 114 (recommended for publication); case activity Search & Seizure – PBT – Probable Cause Notwithstanding that Felton passed field sobriety tests, probable cause existed to administer a preliminary breath test. ¶8 This section does not require that the officer have probable cause to arrest a driver for drunk… Read more
28. Weight of authority
State v. David W. Stevens, 2012 WI 97, affirming unpublished decision; case activity Miranda-Edwards Rule – Invocation of Counsel, Initiation of Contact by Suspect Where an in-custody suspect invokes his right to counsel and interrogation immediately ceases, but the suspect himself then initiates a request to continue the interrogation, the police may proceed with questioning if fresh Miranda warnings are given and validly waived. Edwards v… Read more
Sandy Williams v. Illinois, USSC No. 10-8505, 6/18/12, affirming People v. Williams, 238 Ill. 2d 125, 939 N.E. 268 A split Court (4-1-4) upholds against Confrontation objection, admissibility of expert testimony that a DNA profile, produced by a different lab, matched Williams’ profile. Because the rationale favoring admissibility doesn’t earn a clear majority of votes, the opinion… Read more
Question Presented (from cert petition): In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to… Read more
seventh circuit court of appeals decision; cert granted, 4/30/12 Padilla v. Kentucky: Retroactivity – Habeas Review The holding of Padilla v. Kentucky, 130 S. Ct. 1473, 1486 (2010), that as in incident of effective representation, “counsel must inform her client whether his plea carries a risk of deportation,” is a “new rule” within the meaning of Teague v… Read more
on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity Issues (provided by court): If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate… Read more
7th circuit court of appeals decision Retroactive Application of Case Law, on Collateral Review Narvaez’s federal ACCA enhancement, imposed in 2003, is now unsupportable in light of subsequently-decided Supreme Court authority (Begay v. U.S.; Chambers v. U.S.). He may therefore seek relief against the sentencing enhancement via 28 U.S.C. § 2255: the case law development worked… Read more
State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the… Read more
