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September 2011

Week-End Links

Margaret Colgate Love, "Evolving Standards of Reasonableness: The ABA Standards and the Right to Counsel in Plea Negotiations" ("Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of their obligations in plea negotiations."). "Will Robots Steal Your Job? Software could kill lawyers. Why that's good for everyone else." ("The… Read More

J. K. v. Mark Peters, 2011 WI App 149 (recommended for publication); case activity Appellate Procedure - "Waiver," Distinguished from "Forfeiture"  ¶1 n. 1: In using the term “waiver,” we are aware of the recently decided case of State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, where our supreme court clarified the distinction… Read More


Florence County Dept. of Human Services v. Jennifer B., 2011AP384, District 3/1, 9/29/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Because the record doesn't clearly establish whether Jennifer B. voluntarily terminated her rights, entered a no-contest plea, or made an admission to the allegations in… Read More

State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual… Read More

Court of Appeals Publication Orders, 9/11

court of appeals publication orders, 9/28/11 On Point posts from this list: 2011 WI App 123 DOC v. Warren Lilly, Jr. 2011 WI App 124 State v. Steven A. Avery 2011 WI App 125 State v. Paschall Lee Sanders 2011 WI App 127 State v. James G. Brereton 2011 WI App 129 State v. Devon L. Bean… Read More

on review of summary order (District 1); for Sutton: Colleen Ball, SPD, Milwaukee Appellate;  case activity No-Merit Appeal Procedure – Remand for Evidentiary Hearing Issues:  1. (Composed by On Point:) Whether § 809.32(1)(g) requires the court of appeals to remand a case to the circuit court for an evidentiary hearing where, during the course of a no-merit proceeding… Read More

Docket Decision below: Wood v. Milyard, 10th Cir, 11/26/10 Questions Presented (by the Court): 1) Does an appellate court have the authority to raise sua sponte a 28 U.S.C. §2244(d) statute of limitations defense? 2) Does the State’s declaration before the district court that it “will not challenge, but [is] not conceding, the timeliness of Wood’s habeas petition,” amount to a deliberate… Read More

State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish "great bodily harm" element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23      In this case, the trial court… Read More