State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more
8. Counsel, 6th Am.
State v. Jeremy M. Bootz, 2010AP2795-CR, District 2, 7/27/11 court of appeals decision (1-judge, not for publication); for Bootz: Craig S. Powell; case activity Counsel “had no obligation to object to” the testimony of “a bona fide rebuttal witness,” hence didn’t perform deficiently. The court summarizes ground-rules relative to rebuttal witnesses, overarching principles being: “A bona… Read more
State v. David J. Balliette, 2011 WI 79, reversing unpublished decision; for Balliette: Steven D. Grunder, SPD, Madison Appellate; case activity Balliette’s pro se § 974.06 motion, asserting ineffective assistance of postconviction counsel for failing to raise ineffective assistance of trial counsel on direct appeal, was insufficiently pleaded to require an evidentiary hearing. Unless you’re an appellate… Read more
Docket Lower court decision: Clair v. Ayers, 9th Cir. Nos. 05-99005, 08-75135, 11/17/10 Question Presented: At the end of ten years of capital federal habeas corpus proceedings in the district court, respondent suddenly complained about and sought replacement of his court-appointed public defender with a new appointed lawyer. The district court refused, explaining that “it appears Petitioner’s… Read more
seventh circuit court of appeals decision Habeas – Successive Petition – Rule 60(b) Motion A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S… Read more
State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read more
State v. Leroy M. Godard, 2010AP1731-CR, District 2, 6/22/11 court of appeals decision (not recommended for publication); for Godard: Rick B. Meier; case activity Counsel’s failure to listen to police recordings of the interrogations of Godard’s accomplices, even if deficient, wasn’t prejudicial. ¶15 The postconviction motion hearing testimony shows that Godard’s case was not weakened… Read more
Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7 A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases… Read more
