seventh circuit decision Habeas – Knowing Use of False Testimony (“Napue”) Due process prohibits knowing prosecutorial use of false testimony, Napue v. Illinois, 360 U.S. 264, 269 (1959). However, the prosecutor’s exploitation of Bland’s incorrect testimony on a potentially important point (the date his gun was confiscated) doesn’t support habeas relief on a Napue-type theory. Napue and Giglio hold… Read more
8. Counsel, 6th Am.
Marilyn Mulero v. Thompson, 7th Cir No. 10-3875, 2/7/12 seventh circuit decision Habeas – Procedural Bar Muleros’ failure to present various claims “through one complete round of state court review” operates as procedural default; citing, Smith v. McKee, 598 F.3d 374, 382 (7th Cir. 2010). … While Mulero did present numerous other claims of ineffective… Read more
7th circuit decision, imposing discipline Sanctions – Abandonment of Client It is apparent from this final motion for additional time that Boyle-Saxton elected to put work for other clients ahead of her obligations to Rodriguez and this court. That is unprofessional; lawyers have an ethical obligation to take no more work than they can perform… Read more
Heather T. C. v. Donald M. H., 2010AP467, District 2, 2/1/12 court of appeals decision (1-judge, not for publication); for Donald: Thomas K. Voss; case activity Failure to object at trial waived appellate challenge to jury instructions and verdict form that combined two separate periods of abandonment as grounds for termination. ¶6 Failure to object to proposed jury instructions or… Read more
State v. Kwesi B. Amonoo, 2011AP566, District 1, 1/24/12 court of appeals decision (not recommended for publication); for Amonoo: Robert N. Meyeroff; case activity Amonoo fails to show that trial counsel provided ineffective assistance with respect to pretrial identification procedure (context: “sufficient reason” to overcome serial litigation bar following direct appeal): ¶15 Amonoo contends that of… Read more
court of appeals decision (1-judge, not for publication); for Gracia: Tracey A. Wood; case activity; petition for review granted 5/14/12 Warrantless Entry – Community Caretaker Entry into Gracia’s bedroom by police, who had linked him to a serious traffic accident, was justified by the community caretaker doctrine; State v. Ultsch, 2011 WI App 17, 331 Wis. 2d… Read more
State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point: ¶9 Wisconsin Stat. § 343.305(3)… Read more
Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11 court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity ¶7 Johnny contends he was not able to meaningfully participate at the trial for three reasons. First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference. Second… Read more
