September 2010

Kentucky v. King, USSC No. 09-1272, cert. grant 9/29/10

September 29, 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 […]

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Court of Appeals Publication Orders, 9/10

September 29, 2010

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 […]

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Bullcoming v. New Mexico, USSC No. 09-10876, cert grant 9/28/10

September 28, 2010

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 […]

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Henry Griffin v. Pierce, 7th Cir No. 09-3138, 9/22/10

September 25, 2010

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 […]

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Blogging, Interrupted

September 24, 2010

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).

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Cesar Guajardo-Palma v. Martinson, 7th Cir No. 10-1726, 9/20/10

September 24, 2010

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, […]

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State v. Arlie I. Grenie, 2010AP459-CR, District 4, 9/13/10

September 23, 2010

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 […]

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TPR – Interest-of-Justice Review

September 23, 2010

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 […]

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Emergency Detention – Mootness

September 23, 2010

Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10 court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court […]

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Probation Search

September 23, 2010

State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10 court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp. A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, […]

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