State v. Eriberto Valadez, 2014AP2855-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Under State v. Goetz, 2001 WI App 294, 249 Wis. 2d 380, 638 N.W.2d 386, Valadez wasn’t in custody for Miranda purposes during the execution of a search warrant of his home, so the police questioning of him during that… Read more
H. Modification/Review
State v. Bradley Wayne Phillips, 2014AP2519-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Phillips challenges his conviction for failing to pay child support because: (1) the trial court prohibited testimony from an expert witness about whether Phillips was employable; (2) the postconviction court did not find Phillips’s defense counsel ineffective for… Read more
State v. Steven Ray Gaddis, 2015AP130-CR, District 1, 7/28/15 (one-judge decision; ineligible for publication); case activity (including briefs) Even the sentencing judge admitted his sentencing explanation “could have been more extensive” (¶10). But, hey, it was good enough for government work. ¶9 The sentencing transcript here shows that the trial court complied with… Read more
State v. Greenwood, 2014AP2219-CR,6 /30/15, District 3 (1-judge decision; ineligible for publication); click here for docket and briefs Greenwood, who was convicted of several misdemeanors, sought resentencing on the grounds that the circuit court had relied on inaccurate information at the initial sentencing. Specifically, Greenwood alleged that the court believed his sentences would be served in … Read more
Glossip v. Gross, USSC No. 14-7955, 2015 WL 2473454 (June 29, 2015), affirming Warner v. Gross, 776 F.3d 721 (10th Cir. 2015); Scotusblog page (includes links to briefs and commentary) In a 5-to-4 vote, the Supreme Court rejects the claims of Oklahoma death-row prisoners that the use of a particular drug (midazolam) in the three-drug lethal injection protocol… Read more
Questions Presented: 1) Did the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), adopt a new substantive rule that applies retroactively on collateral review to people sentenced as juveniles to life in prison without parole? 2) Does the Supreme Court have jurisdiction to decide whether the Supreme Court of Louisiana… Read more
State v. Travis Deon Williams, 2014AP2064-CR, 2014AP2065-CR, 2014AP2066-CR, and 2014AP2067-CR, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity (including briefs) The prosecutor presented inaccurate information at Williams’s sentencing, but Williams hasn’t proven the circuit court relied on the information. At Williams’s sentencing for multiple counts of domestic abuse-related conduct toward Hamilton, his live-in girlfriend… Read more
SCOW: Sentencing court didn’t rely on defendant’s compelled statements, so resentencing isn’t needed
State v. Danny Robert Alexander, 2015 WI 6, 1/27/15), reversing an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity Alexander claimed he is entitled to resentencing because his sentence was based in part on compelled statements he made to his supervision agent. The supreme court rejects his claim after concluding that the circuit… Read more
