Joseph Muniz v. Smith, 6th Cir. No. 09-2324, 7/29/11 sixth circuit court of appeal decision Habeas – Ineffective Assistance – Sleeping Counsel The fact that counsel has slept through a portion of trial does not, alone, amount to denial of counsel so as to require relief under United States v. Cronic, 466 U.S. 648 (1984), rather than inquiry into the prejudice component of Strickland… Read more
8. Counsel, 6th Am.
State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18 Generally, searches are subject to the… Read more
MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the… Read more
Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the… Read more
State v. Jonathan M. Reynolds, 2011AP512-CR, District 4, 8/11/11 court of appeals decision (1-judge, not for publication); for Reynolds: Steven Cohen; case activity Reynolds collateral attack on a prior OWI conviction (on the ground waiver of counsel was ineffectual because he didn’t know the potential range of penalties) is rejected. Basic procedure discussed and applied… Read more
Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11 court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they… Read more
State v. Francine T., 2010AP3140 / State v. Emilano M., 2010AP2596, District 1, 8/3/11 court of appeals decision (1-judge, not for publication); for Francine T.: Theresa J. Schmieder; for Emilano M.: Brian C. Findley; case activity ¶17 Francine and Emiliano argue that the trial court lacked competence [5] to enter the June 2, 2010 TPR order because it did… Read more
State v. Kenneth A. Hudson, 2010AP166-CR, District 3, 8/2/11 court of appeals decision (not recommended for publication); for Hudson: James A. Rebholz; case activity By rejecting and failing to cooperate with appointed counsel, after being warned of the consequence, Hudson forfeited his right to representation at trial. ¶27 In accordance with Cummings, Hudson was repeatedly warned by… Read more
