Alan Ward v. Deppisch, 7th Cir No. 08-2809, 07/23/2010 7th circuit decision, review of unpublished court of appeals decision Habeas – Procedural Default The state argues that Ward procedurally defaulted his claim because he failed to fairly present the Wisconsin courts with a federal issue, and the state courts ruled against Ward based on adequate… Read more
8. Counsel, 6th Am.
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
Freddie L. Byers, Jr., v. Basinger, 7th Cir No. 09-1833, 7/9/10 7th Circuit decision Habeas – Exhaustion To exhaust a federal claim, a 2254 petitioner must have “fairly presented” it to the state court. … We use four factors to evaluate whether a petitioner has “fairly presented” his claim: “1) whether the petitioner relied on… Read more
State v. Raymond A. Habersat, No. 2009AP976-CR, District I, 7/7/10 court of appeals decision (3-judge; not recommended for publication); for Habersat: Angela Conrad Kachelski; BiC; Resp.; Reply Evidence – Extraneous Misconduct On Habersat’s trial for first-degree sexual assault of a child, admission of evidence of his 1991 sexual assault of a child to establish motive… Read more
State v. Dwight Glen Jones, 2010 WI 72, affirming unpublished opinion; for Jones: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply ¶43 The issues presented are first, whether Jones is entitled to a new trial on the grounds that the circuit court wrongly denied his request for substitution of counsel, and second, whether he is… Read more
State v. Rashaad A. Imani, 2010 WI 66, reversing 2009 WI App 98;habeas relief granted 6/22/16; for Imani: Basil M. Loeb; BiC; Resp.; Reply ¶3 We conclude that the circuit court properly denied Imani’s motion to represent himself. First, we determine that Imani did not knowingly, intelligently, and voluntarily waive the right to counsel. The circuit… Read more
Sears v. Upton, USSC No. 09-8854, 6/29/10 United States Supreme Court decision The state court concluded that in this death penalty case, counsel failed to conduct more than a cursory penalty-phase investigation (and thus failed to determine that Sears suffered significant frontal lobe damage and had endured significant childhood abuse). However, the state court also… Read more
State v. Patrick M. Zurkowski, No. 2009AP929-CR, District III, 6/22/10 court of appeals decision (3-judge, not recommended for publication); for Zurkowski: Michael J. Fairchild; BiC; Resp. 1st-Degree Intentional Homicide – Sufficient Evidence, Intent ¶13 That Zurkowski killed June through a combination of repeated blows and cutting her tongue with a ceramic object he crammed in her… Read more
