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
13. Due Process
State v. Jose A. Reas-Mendez, 2010AP1485-CR, District 1, 8/23/11 court of appeals decision (not recommended for publication); for Reas-Mendez: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The victim’s pretrial lineup identification of Reas-Mendez isn’t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Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11 court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to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
on certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity; prior post Issues (composed by On Point): Whether a defendant has a non-waivable right to be physically present at a §§ 971.04(1)(g) and 885.60. If the right to physical presence at the plea proceeding can be waived or forfeited, whether a formal colloquy is nonetheless required before… Read more
Docket Decision below: New Hampshire Supreme Court, No. 2009-0590, 11/18/2010 (summary order); Perry’s brief below; New Hampshire’s brief below Question Presented: When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of later misidentification, due process requires the trial judge to determine whether the out-ofcourt identification and… Read more
State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read more
certification; for Soto: Shelley Fite, SPD, Madison Appellate; case activity, circuit court affirmed 2012 WI 93 Plea Procedure – Personal Presence We certify this appeal to the Wisconsin Supreme Court to determine whether Jon Soto’s statutory right to be physically present during a plea hearing was violated when the judge conducted the hearing through video teleconferencing… Read more
