State v. Roger D. Godwin, No. 2009AP2999-CR, District 4, 8/5/10 court of appeals decision (1-judge, not for publication); pro se Recusal – Waiver ¶10 Godwin argues that Judge VanDeHey should have recused himself from the case because one of the judge’s colleagues, Judge Curry, and other courthouse staff were Godwin’s victims in the bomb threat case… Read more
23. Judge
State v. James Robert Thomas, No. 2010AP332-CR, District III, 7/27/10 court of appeals decision (1-judge, not for publication); for Thomas: Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply The sentencing court exhibited objective bias, requiring resentencing, when it imposed the maximum on sentencing after revocation, given the court’s threat when it placed Thomas on… Read more
2010 WI 61 (Abrahamson, CJ, Bradley, Crooks, JJ); 2010 62 (Prosser, Roggensack, Ziegler, JJ); Judicial Conduct Panel Findings, etc.; WJC Brief; Resp.; WJC Reply Judicial Discipline – Campaign-Related Misconduct The court splits 3-3 on whether Justice Gableman’s infamous “loophole” ad violated the Judicial Code. The Chief, et al. (61 bloc), say it did: We three… Read more
State v. Joshua D. Conger, 2010 WI 56, on certification; for Conger: Anthony L. O’Malley; Brief (State); Brief (Conger); Brief (Judge Grimm); Reply (Conger); Amicus (Prosecution Project, UW) Plea Bargain – Rejection A circuit court has post-arraignment authority to reject a proposed plea bargain that would result in amendment to the charge; State v. Kenyon… Read more
7th circuit court of appeals decision Judges – Elections – Partisan Affiliation, Endorsements The judicial candidate partisan affiliation ban, SCR 60.06(2)(b)1, violates the first amendment. The crux of the state’s concern here seems to be that a judge who publicly affiliates with a political party has indicated that he is more inclined toward that party’s… Read more
Wisconsin supreme court order The underlying question is whether Justice Roggensack “previously handled” Henley’s earlier appeal when she was a court of appeals judge; if so, then by statute she must be disqualified from participating in his now-pending appeal. She declined to disqualify herself in a memorandum decision, 2010 WI 12. Further background, here. And… Read more
court of appeals decision (3-judge, not recommended for publication); for Sterling: Dianne M. Erickson; BiC; Resp.; Reply Charging Decision – Judicial Involvement Increase in the charge, following trial judge’s veiled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) Machner Hearing Postconviction motion conclusory, didn’t require Machner hearing on effective assistance. Recusal Judicial comments reflecting attempt to get Jackson to tell truth in connection with asserted problems with lawyer didn’t establish judicial bias. Sentencing Sentence taking into account primary factors and much less than maximum… Read more
