State v. Lawrence L. Holmes, 2013AP2342-CR, District 4, 10/30/14 (not recommended for publication); case activity

Because Holmes can’t show that the court would have granted his motion to dismiss the misdemeanor charges in the case with prejudice, he hasn’t shown he was prejudiced by trial counsel’s advice to enter into a plea agreement because he was going to lose the motion to dismiss.

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State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity

Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s confession. Further, the circuit court’s plea colloquy with Triggs was not defective and the circuit court didn’t erroneously exercise its sentencing discretion.

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State v. Millard Reno Bandy, Sr., 2014AP1055-CR & 2014AP1056-CR, District 1, 10/28/14 (1-judge decision; ineligible for publication); case activity: 2014AP1055-CR; 2014AP1056-CR

A defendant’s history of domestic violence against a victim provided a basis for trial court to increase the period of probation under § 973.09(2)(a)1.b. even though the offenses for which the defendant was placed on probation didn’t involve physical harm or a direct threat to the victim.

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Defendant wasn’t in custody when he was questioned while sitting in DNR warden’s truck

October 23, 2014

State v. David A. Myhre, 2014AP376-CR, District 4, 10/23/14 (1-judge decision; ineligible for publication); case activity Myhre was not in custody for Miranda purposes when he answered questions posed by a DNR warden while sitting in the warden’s truck. Thus, the warden was not required to advise Myhre of his Miranda rights.

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City of Los Angeles v. Patel, USSC No. 13-1175, cert. granted 10/20/14

October 22, 2014

Questions presented: (1) Whether facial challenges to ordinances and statutes are permitted under the Fourth Amendment; and (2) Whether a hotel has an expectation of privacy under the Fourth Amendment in a hotel guest registry where the guest-supplied information is mandated by law and an ordinance authorizes the police to […]

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Kevin Chappell, Warden, v. Hector Ayala, USSC No. 13-1428, cert. granted 10/20/14

October 22, 2014

Questions presented: (1) Whether a state court’s rejection of a claim of federal constitutional error on the ground that any error, if one occurred, was harmless beyond a reasonable doubt is an “adjudicat[ion] on the merits” within the meaning of 28 U.S.C. § 2254(d), so that a federal court may […]

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Tip from ex-wife provided reasonable suspicion for stop

October 22, 2014

State v. David C. Marker, 2014AP1122-CR, District 2, 10/22/14 (1-judge decision; ineligible for publication); case activity Police had reasonable suspicion to stop the vehicle Marker was driving based on a tip from his former wife, who, after an exchange in custody of their children, called police to report her fear that […]

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Tony Henderson v. United States, USSC No. 13-1487, cert. granted 10/20/14

October 21, 2014

Question presented: Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s […]

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Other acts evidence was harmless and PTAC amendment during trial was not prejudicial

October 21, 2014

State v. Sean T. Pugh, 2013AP1522-CR, District 3, 10/21/14 (not recommended for publication); case activity If the trial court erred in admitting evidence that Pugh had a prior conviction for an offense similar to the ones he was on trial for, the error was harmless, given the overwhelming evidence against him. In […]

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Initial “stay” of juvenile sex offender reporting requirement wasn’t a permanent stay under § 938.34(16)

October 21, 2014

State v. Jermaine C., 2014AP467, District 1, 10/21/14 (1-judge decision; ineligible for publication); case activity The circuit court’s decision at Jermaine’s disposition hearing to stay the sex offender registration requirement wasn’t a permanent stay of the requirement under § 938.34(16) and State v. Cesar G., 2004 WI 61, 272 Wis. […]

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