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
8. Counsel, 6th Am.
seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… 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
State v. Dragisa Pavlovic, 2011AP2687-CR, District 2, 8/1/12 court of appeals decision (1-judge, ineligible for publication); case activity Pavlic’s waiver of counsel so that he could represent himself at trial satisfied State v. Klessig, 211 Wis. 2d 194, 564 N.W.2d 716 (1997). ¶8 As a precautionary measure, the trial court granted Pavlovic a Klessig evidentiary hearing. We conclude the trial court’s… 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State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47 To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read more
seventh circuit decision, denying habeas relief in 783 N.E.2d 1140 (Ind. 2003) Habeas – Ineffective Assistance of Counsel Habeas challenge to counsel’s performance in this capital case is limited to imposition of the death penalty, in three respects, all of which the court rejects. 1) Failure to ask the trial judge to have courtroom spectators stop displaying… Read more
State v. James E. Emerson, 2011AP1028-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity Counsel – Substitute Given findings made by the lower court after an evidentiary hearing, the court of appeals upholds denial of counsel’s motion to withdraw: counsel was prepared for trial; “(t)his was a dilatory tactic by the defendant,”… Read more
