State v. James Howard, 2013AP190-CR; 1/22/14; District 1; (not recommended for publication); case activity Howard, a former correctional officer, was convicted of 2nd and 3rd degree sexual assault of an inmate at the Milwaukee County Criminal Justice Facility. On appeal he argued that his trial counsel was ineffective for failing to: (1) move to suppress… Read more
H. Exclusionary rule
State v. Jack E. Johnson, 2013 WI App 140; case activity As part of their investigation of Johnson’s involvement in a homicide, Wisconsin police wanted to search Johnson’s rented residence in Rosarito, Mexico. They contacted FBI Special Agent Eckel, the U.S. liaison between Mexican and American law enforcement authorities. Eckel called a liaison in Mexico and told… Read more
State v. Kari L. Schiewe, 2012AP2767-CR, District 4, 10/24/13; court of appeals decision (1-judge; ineligible for publication); case activity Applying well-established principles the court of appeals holds that despite the lack of field sobriety tests or other additional investigatory steps there was probable cause to arrest Schiewe for OWI based on information from witnesses and… Read more
Florida v. Jardines, USSC No. 11-564, 3/26/13 United States Supreme Court decision, affirming Jardines v. State, 73 So. 3d 34 (2011) In this 5-to-4 decision, the Supreme Court holds that using a drug-sniffing dog on a homeowner’s front porch to investigate the contents of the home is a “search” within the meaning of the Fourth Amendment… Read more
State v. Daniel Cervantes, 2011AP1858-CR, District 1, 2/12/13; court of appeals decision (not recommended for publication); case activity The police lacked probable cause to arrest Cervantes when he opened the door of his apartment (¶¶10-16); there were neither exigent circumstances nor community caretaker grounds for the police to enter Cervantes’s apartment following his arrest to do… Read more
Florida v. Harris, USSC No. 11-817, 2/19/13 United States Supreme Court decision, overruling Harris v. Florida, 71 So. 3d 756 (2011) In a unanimous decision addressing the question of when a drug-sniffing dog’s alert constitutes probable cause, the Supreme Court overturned the Florida Supreme Court’s requirement that the state produce records of the dog’s reliability in… Read more
seventh circuit court of appeals decision Habeas Review – IAC/Suppression Claim, Generally Under Strickland, Rann must show that his counsel’s performance was deficient and that the deficient performance prejudiced his defense. Grosshans, 424 F.3d at 590 (citing Strickland, 466 U.S. at 687). When reviewing claims of ineffective assistance of counsel in habeas petitions, however, we… Read more
State v. Devin W. Felix, 2012 WI 36, reversing unpublished decision; for Felix: Leonard D. Kachinsky; case activity Under Payton v. New York, 445 U.S. 573 (1980), warrantless arrest following nonconsensual entry of a home is illegal unless supported by probable cause and exigent circumstances. However, New York v. Harris, 495 U.S. 14 (1990) deems non-suppressible as a matter… Read more
