seventh circuit decision Habeas Procedure – Appellate Jurisdiction Where a party has filed a timely notice of appeal to a judgment, and the district court subsequently enters an amended judgment nunc pro tunc (“now for then”) conforming language in the original judgment, an amended notice of appeal isn’t necessary to confer appellate jurisdiction: … The district court’s February… Read more
2. Prejudice
State v. Anthony S. Irving, 2011AP1908-CR, District 2, 8/8/12 court of appeals decision (not recommended for publication); case activity A defendant has a constitutional right to self-representation, State v. Imani, 2010 WI 66, ¶20, 326 Wis. 2d 179, 786 N.W.2d 40, but it must be triggered by a “clear and unequivocal” request for self-representation, State v. Darby… Read more
seventh circuit court of appeals decision, affirming habeas grant following remand in 539 F.3d 766 (further case history: here) Habeas Review – Evidentiary Hearing The rule of Cullen v. Pinholster, 131 S. Ct. 1388 (2011), that 2254(d)(1) review is limited to the state-court record, doesn’t apply where the state court didn’t address a component part of the claim (here, deficient performance on… Read more
State v. Jason M. Jacobs, 2012 WI App 104 (recommended for publication); case activity Search & Seizure – Consent – Blood Draw Following a fatal traffic accident, Jacobs performed field sobriety tests well enough that he wasn’t placed under arrest, but he was asked to submit to a blood draw. Jacobs called his attorney, who advised him… Read more
Jackson Co. DHS v. Robert H., 2011AP2783, District 4, 7/17/12 court of appeals decision (1-judge, ineligible for publication); case activity Both federal and state Indian Child Welfare Acts require that termination of parental rights to an Indian child be supported by testimony of a qualified expert witness “that the continued custody of the child by the parent or Indian… Read more
State v. Troy D. Jefferson, 2011AP1778-CR, District 1, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel was ineffective for failing to inform the sentencing court “about Jefferson’s good character and positive social history.” ¶17 Specifically, trial counsel’s failure to inform the trial court about Jefferson’s good character and positive social history in any… Read more
State v. Joel Joseph Lobermeier, 2012 WI App 77 (recommended for publication); for Lobermeier: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Appellate Procedure – Waiver – Jury Instructions Failure to object to a jury instruction amounts to a failure to preserve for review an asserted objection, which must therefore be reviewed in the context… Read more
Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10 We disagree that counsel’s performance… Read more
