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September 2010

Docket Decision below (KY supreme court) Question Presented (from USSC docket post): Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of marijuana emanated… Read More

Court of Appeals Publication Orders, 9/10

court of appeals publication orders, 9/29/10 On Point posts from this list: 2010 WI App 124 State v. Donald L. Schultz 2010 WI App 129 State v. Adamm D.J. Linton 2010 WI App 132 State v. Jacquese Franklin Harrell 2010 WI App 133 State v. Christopher D. Jones 2010 WI App 134 State v. Dionicia… Read More

Docket Decision Below (New Mexico supreme court) Question Presented: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements. Cert. Petition State's Brief Opposing Cert SCOTUSblog… Read More

7th circuit court of appeals decision Habeas - Napue Issue The Supreme Court has held that “a conviction obtained through use of false evidence, known to be such by representatives of the State, must fall under the Fourteenth Amendment.” Napue v. Illinois, 360 U.S. 264, 269 (1959) .... Thus, a new trial is required if… Read More

Blogging, Interrupted

Posting will be light to non-existent, 9/27 - 10/5. Expect, during this time frame, Wisconsin court of appeals decisions and September publication orders, and the first USSC cert grants of OT '10 (which might include an important good-faith issue; see this Orin Kerr post)… Read More

7th circuit court of appeals decision Prison Mail - Access to Courts As a matter of the due process right to a fair hearing in a civil matter, which includes the right to aid of counsel, a prison inmate is entitled to receive confidential communications from his lawyer. However, the prison is entitled, as a matter of security… Read More

court of appeals decision (1-judge, not for publication); for Grenie: John C. Orth; Steven J. House; BiC; Resp.; Reply Traffic Stop - Blue Lights Traffic stop for having blue lights lit on front of vehicle, upheld. (§ 347.07(2)(a) bars display of "(a)ny color of light other than white or amber visible from directly in front.") ¶6        Grenie… Read More

TPR – Interest-of-Justice Review

Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10 court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate The court rejects the idea that Tierra M.'s termination of parental rights wasn't "fully tried" under the theory that the subsequently decided Sheboygan County Department of Health &… Read More