City of Beloit v. Steven A. Herbst, Sr., 2010AP2197, District 4, 1/12/12 court of appeals decision (1-judge, not for publication); for Herbst: Tracey A. Wood; case activity Evidence held sufficient to support OWI conviction, where Herbst was found in parked car, slumped over the steering wheel with the engine running, along with evidence that the designated driver… Read more
32. Prosecutor misconduct
State v. Charles A. Clayton-Jones, 2010AP2239-CR, District 4, 12/15/11 court of appeals decision (not recommended for publication); for Clayton-Jones: Martin E. Kohler, Craig S. Powell; case activity Clayton-Jones resolved a 2006 charge (involving sexual assault of a boy) with a plea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
Samuel Morgan v. Hardy, 7th Cir No. 10-3155, 11/7/11 seventh circuit decision Habeas – Recantation The Illinois state court didn’t mishandle either the facts or applicable law, and its rejection of State witness Prater’s post-trial recantation as incredible wasn’t unreasonable. The petitioner’s task is to “show[] that the state court determined an underlying factual issue against the clear and… Read more
seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of… Read more
Florence County Department of Human Services v. Jennifer B., 2011AP88, District 3, 8/19/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, Shelley Fite, SPD, Madison Appellate; case activity Removal from jury consideration of a ground for termination (CHIPS orders) without prior discussion between court and parties was error: ¶10 While… Read more
State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11 court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job… 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
State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were… Read more
