on review of unpublished decision; case activity Issues (composed by on Point) 1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more
8. Counsel, 6th Am.
State v. Jose O. Gonzalez-Villarreal, 2012 WI App 110 (recommended for publication); case activity Counsel (Michael J. Knoeller) was present while the police interrogated, and elicited incriminating responses from, his client, Gonzalez-Villarreal. G-V didn’t speak English, and Knoeller doubled as interpreter. The state issued charges, and Knoeller continued to represent G-V. However, the state moved… Read more
State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more
Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of… Read more
State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
seventh circuit decision Habeas Review – Right to Counsel – Collateral Attack Resendez litigated an unsuccessful pro se challenge to revocation of his state court parole, on the ground that he had completed service of that sentence therefore wasn’t in fact on parole. Forced to litigate the issue on his own, he argues on federal… Read more
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
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
