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February 2011

Michigan v. Bryant, USSC No. 09-150 At respondent Richard Bryant’s trial, the court admitted statements that the victim, Anthony Covington, made to police officers who discovered him mortally wounded in a gas station parking lot. ... We hold that the circumstances of the interaction between Covington and the police objectively indicate that the “primary purpose of… Read More

Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn't be "fixed," but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that a state procedural bar may… Read More

State v. Derek J. Copeland, 2011 WI App 28; for Copeland: David Leeper; case activity Trial court has discretion under § 906.15(3) to order an attorney not to discuss with a sequestered witness who hasn't yet testified the testimony of other witnesses; this authority extends to barring counsel from providing the sequestered witness with a… Read More

Plea Withdrawal – Hampton Hearing

State v. Robert S. Powless, 2010AP1116-CR, District 3/4, 2/24/11 court of appeals decision (not recommended for publication); for Powless: Leonard D. Kachinsky; case activity At an evidentiary hearing on a "Hampton" violation (failure to assure defendant knows the judge isn't bound by the plea agreement), the State satisfied its burden of proving that Powless in… Read More

Machner Hearing; Mistrial

State v. Sidney Clark, 2010AP790, District 1, 2/23/11 court of appeals decision (not recommended for publication); for Clark: John A. Pray; case activity Clark can't show prejudice from the deficient performance he alleges, therefore he isn't entitled to a Machner hearing on ineffective assistance of counsel. ¶21      A postconviction hearing is necessary to sustain a claim of… Read More

TPR – Therapy Privilege, § 905.04(1)(b)

Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn't apply to information obtained by "dispositional staff" providing services under § 48.069. ¶11     … Read More

Terry Stop

State v. Nicholas Fex, 2010AP1794-CR, District 1, 2/23/11 court of appeals decision (1-judge, not for publication); for Fex: Wendy A. Patrickus; case activity Reasonable suspicion supported stop of only car seen leaving bar parking lot, at high rate of speed, following report of fight at the bar. ¶8        Based on the totality of the circumstances, we agree… Read More

Terry Stop

City of Mequon v. Monica Maureen Cooley, 2010AP2142, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Cooley: Dudley A. Williams; case activity Reasonable suspicion supported early-morning stop of car in otherwise empty parking lot. ¶7        We agree with the circuit court that Brandemuehl conducted a lawful Terry stop.  Brandemuehl could point to specific and articulable facts[3]… Read More