Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11 Appellate Procedure – Mootness Doctrine Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence – isn’t moot: The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot… Read more
8. Counsel, 6th Am.
on petition for review of unpublished decision; for Thompson: J.P. La Chapelle; case activity Issues (provided by court): Whether the failure to inform Thompson of the applicable mandatory minimum sentence of 25 years of incarceration prior to trial violated Thompson’s constitutional due process rights. Whether the complaint in this case was defective under Wis. Stat. §… Read more
Estate of Brianna Kriefall v. Sizzler USA Franchise, Inc., 2011 WI App 101 court of appeals decision (recommended for publication); case activity ¶24 n. 7: On page 36 of its brief responding to Excel’s main appellate brief, E&B asserts: “[n]ot a single non-Kriefall [Pierringer] settlement agreement” is in the Record. That is not true, as Excel’s reply… Read more
Docket Decision below: Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction… Read more
State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the… Read more
7th circuit court of appeals decision Counsel, of Own Choosing By arbitrarily refusing to grant Sellers a continuance so he could retain counsel of his own choosing, the district court violated his 6th amendment right to counsel, a structural error requiring reversal without considering possible prejudice. The facts are a bit extreme – Sellers thought he was… Read more
Susan Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc., 2011 WI 36, on certification; case activity Standing – Generally Lead opinion (3-Justice): ¶5 There is no single longstanding or uniform test to determine standing in the case law. Courts have inconsistently used a variety of terminologies as tests for standing. Therefore, as a prerequisite to answering… Read more
State v. Marilee Devries, 2011 WI App 78 (recommended for publication); for Devries: Matthew S. Pinix; case activity OWI – Repeater – Proof, Prior “Conviction” Certified copies of proceedings in foreign jurisdictions established adequate proof of prior OWI “connvictions,” § 343.307(1)(d). ¶9 When Wisconsin’s driving laws provide for the enhancement of penalties for a current… Read more
