State v. Patrick H. Dalton, 2016AP6-CR,7/20/16, Distrct 2 (1-judge opinion; ineligible for publication); case activity (including briefs) The court of appeals here holds that Dalton is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing move to suppress the test results from a warrantless blood draw. The record contains… Read more
8. Counsel, 6th Am.
OLR v. Peter J. Kovac, 2016 WI 62, 7/8/16; case activity The supreme court suspended an attorney’s license for 90 days for professional misconduct in two criminal matters, including violating SCR 20:1.16(d) by failing to promptly provide the clients’ files to postconviction counsel. (¶¶5-6, 8, 9-10, 12). Because the attorney did not file an answer or defend against the OLR… Read more
Rashaad A. Imani v. William Pollard, 7th Circuit Court of Appeals No. 14-3407, 2016 WL 3434673, 6/22/16 Imani tried to exercise his right to self-representation under Faretta v. California, 422 U.S. 806 (1975), but the Wisconsin trial judge prevented him from doing so. In State v. Imani, 2010 WI 66, 326 Wis. 2d 179, 786 N.W.2d… Read more
State v. David L. Vickers, 2015AP1631-CR, 6/22/16, District 2 (not recommended for publication); case activity, including briefs Vickers, who was convicted of misdemeanor bail jumping and retail theft of a wireless router, filed a §974.06 motion claiming ineffective assistance of counsel because his trial lawyer failed to move for suppression of stolen property found in… Read more
United States v. Bryant, USSC No. 15-420, 2016 WL 3221519 (June 13, 2016), reversing and remanding 769 F.3d 671 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) As we explained in our prior post on the cert grant in this case, the Sixth Amendment does not apply in tribal courts. Congress has created… Read more
State v. Robert Lavern Cameron, 2016 WI App 54; case activity (including briefs) This decision feels like an encounter with a swarm of mosquitoes on a pleasant summer evening. But because it is recommended for publication, you can’t just swat it away. Indeed, the court of appeals’ analysis of the issues will leave you reaching for… Read more
Question presented: Duane Buck’s death penalty case raises a pressing issue of national importance: whether and to what extent the criminal justice system tolerates racial bias and discrimination. Specifically, did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability (COA) standard that contravenes this Court’s… Read more
State v. Michael S. Dengsavang, 2015AP637-CR, 6/1/16, District 1 (not recommended for publication); case activity (including briefs) Michael Dengsavang raises several challenges to the trial court’s denial of his Machner motion. The court of appeals rejects one claim on the merits and declines to consider the rest, holding them previously abandoned. This is the second… Read more
