State v. John D. Tiggs, Jr., 2010AP1530, District 2, 6/29/11 court of appeals decision (1-judge, not for publication); pro se; case activity Tiggs knew that DNA test results would be released in mere hours, yet chose to enter his no-contest plea. His postconviction motion to withdraw the plea, based on a theory that the test… Read more
29. Postconv. Motions
On Point is very pleased to present this guest post discussion of Skinner v. Switzer by Brandon L. Garrett, Professor of Law, University of Virginia. Professor Garrett’s most recent book, “Convicting the Innocent,” was reviewed by in the New York Times Sunday Book Review 5/26/11. The U.S. Supreme Court settled another boundary dispute about what… Read more
7th circuit court of appeals decision Retroactive Application of Case Law, on Collateral Review Narvaez’s federal ACCA enhancement, imposed in 2003, is now unsupportable in light of subsequently-decided Supreme Court authority (Begay v. U.S.; Chambers v. U.S.). He may therefore seek relief against the sentencing enhancement via 28 U.S.C. § 2255: the case law development worked… Read more
State v. Jimmie C. Grayer, 2010AP1749-CR, District 1, 6/1/11 court of appeals decision (not recommended for publication); for Grayer: Bridget E. Boyle; case activity Postconviction denial of ineffective assistance of counsel challenge without Machner hearing upheld. 1. Although counsel performed deficiently by inaccurately telling the jury in his opening statement that Grayer’s in-custody had not been recorded by the… Read more
State v. Scott Maher, 2010AP460, District 4, 5/26/11 court of appeals decision (not recommended for publication); for Maher: Donald T. Lang, SPD, Madison Appellate; case activity Testimony from a State’s expert witness describing the ch. 980 screening process was irrelevant. ¶11 We addressed the issue of the admissibility of this same type of evidence in State v… 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State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter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
State v. Alan Keith Burns, 2011 WI 22, affirming unpublished decision; for Burns: David R. Karpe; case activity The court rejects Burns’s claim for a new trial in the interest of justice premised on three grounds: 1. Burns was unable to cross-examine the complainant on her implication that he took her virginity; 2. evidence of prior sexual assaults of the complainant… Read more
Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more
