State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11 court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea bargain, in which the state was to recommend 12 years initial confinement. Before sentencing… Read more
13. Due Process
State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent Statements Evidence of complainant KAC’s statements made during an alleged sexual assault were… Read more
State v. Jeffrey T. Turner, 2011AP413-CR, District 4, 11/3/11 court of appeals decision (1-judge, not for publication); for Turner: Cody Wagner; case activity The trial court erred in failing to make a sua sponte inquiry into necessity for shackling Turner during his jury trial. Although the court of appeals recently held that a trial court has… Read more
State v. Omark D. Ward, 2011 WI App 151 (recommended for publication); for Ward: Mary Scholle, SPD, Milwaukee Appellate; case activity Ineffective Assistance of Counsel – DNA Search Warrant Court commissioner’s order that Ward provide DNA sample violated “oath or affirmation” requirement for warrants: ¶10 Unless a person consents to giving a sample of his or her… Read more
seventh circuit court of appeals decision, denying habeas relief in Wis COA No. 2008AP398-CR Habeas – Duty to Preserve Apparent Exculpatory Evidence Pretrial destruction of car driven by McCarthy didn’t violate State’s duty to preserve exculpatory evidence, the court rejecting McCarthy’s argument that the destruction unconstitutionally impaired his affirmative defense of brake failure (against charge of causing great bodily harm by… Read more
State v. Jose A. Reas-Mendez, 2010AP1485-CR, District 1, 8/23/11 court of appeals decision (not recommended for publication); for Reas-Mendez: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The victim’s pretrial lineup identification of Reas-Mendez isn’t suppressible: the lineup was comprised of “four men, all of generally the same build, in the same type of clothing, with… Read more
Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11 court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App… Read more
7th circuit court of appeals decision Prosecutorial Misconduct – Knowing Use of False Testimony When the government obtains a conviction through the knowing use of false testimony, it violates a defendant’s due process rights. Napue v. Illinois, 360 U.S. 264, 269 (1959); United States v. Bagley, 473 U.S. 667, 679 n.8 (1984) (discussing the evolution… Read more
