7th circuit decision Permissive Driver, Standing to Challenge Car Search It is well-established that a driver of a borrowed vehicle may establish a reasonable expectation of privacy in a vehicle even though that driver is not the owner of the vehicle. … Courts have repeatedly recognized the right of a driver to assert a Fourth… Read more
8. Counsel, 6th Am.
court of appeals decision (3-judge, not recommended for publication); for Sterling: Dianne M. Erickson; BiC; Resp.; Reply Charging Decision – Judicial Involvement Increase in the charge, following trial judge’s veiled suggestion to the prosecutor that such an increase would be appropriate, wasn’t occasioned by judicial interference with prosecutorial discretion, ¶¶16-22. Initially charged with first-degree reckless… Read more
court of appeals decision (3-judge, not recommended for publication); for Henry: Martin E. Kohler, Craig S. Powell; BiC; Resp.; Reply Counsel – Request for Substitute Trial court denial of request for new counsel is a discretionary determination, reviewed deferentially under the factors set forth in State v. Lomax, 146 Wis. 2d 356, 432 N.W.2d 89… Read more
State v. Chester C., 2009AP2824, District I, 5/4/10 court of appeals decision (1-judge; not for publication); for Chester C.: Dianne M. Erickson TPR – Effective Assistance of Counsel Failure to demonstrate prejudice within the meaning of Strickland dooms this ineffective-assistance claim that trial counsel failed to object to various hearsay statements: ¶7 Other than complaining… Read more
certification Issue: Can a circuit court disqualify retained counsel-of-record in a civil suit, thereby denying the client the right to representation by chosen counsel and restricting the attorney’s right to practice law in a civil action, where the attorney previously represented a nonparty witness for the opposing side? The Ciccantellis sued a condo association for… Read more
court of appeals decision (3-judge; not recommended for publication); for Jackson: Mark S. Rosen; BiC: Resp.; Reply Double Jeopardy – Retrial Following Mistrial Mistrial on defendant’s motion, occasioned by prosecutorial failure to disclose that witness was cooperating with police in separate investigation of Jackson, didn’t bar retrial: there was no showing that the prosecutor was… Read more
court of appeals decision (1-judge; not for publication); pro se; Resp. Br. Controlled Substance – Prescribed by Out-of-State Doctor Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed… Read more
court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski IAC Claim – TPR “The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri… Read more
