September 2011

Week-End Links

September 30, 2011

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 […]

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Appellate Procedure: “Waiver,” Distinguished from “Forfeiture” – Civil Case Necessity of Post-Trial Motion

September 30, 2011

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 […]

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TPR

September 29, 2011

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 of Human Services v. Jennifer B., 2011AP384, District 3/1, 9/29/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Because the record doesn’t clearly establish whether Jennifer B. voluntarily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 […]

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Repeated Sexual Assault of Same Child, § 948.025(1)(a) – Mandatory Minimum Sentence – Jury Instructions

September 29, 2011

State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same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) […]

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Court of Appeals Publication Orders, 9/11

September 28, 2011

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 […]

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State v. Jeffrey G. Sutton, 2010AP1391-CRNM, rev. granted 9/27/11

September 28, 2011

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 […]

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Patrick Wood v. Milyard, USSC No. 10-9995, cert granted 9/27/11

September 27, 2011

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 […]

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Sexual Assault; Charging Document; Excited Utterances; Newly Discovered Evidence

September 27, 2011

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 […]

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Mental Commitment – Probable Cause Time Limit – Lost Competency to Proceed

September 27, 2011

Outagamie County v. Paul S., 2011AP920, District 3, 9/27/11 court of appeals decision (1-judge, not for publication); for Paul S.: Shelley Fite, SPD, Madison Appellate; case activity ¶9        Wisconsin Stat. § 51.15(5) provides an individual may “not be detained by the law enforcement officer or other person and the facility for more than […]

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Links

September 26, 2011

Mr. Badger burrows through the known Internets so you don’t have to … Mike Sacks, back in the saddle, now sallying forth from HuffPost. Effective Assistance / GPS litigation. Although recent Ohio precedent establishes that GPS surveillance isn’t a “search” or “seizure” under the 4th A warrant requirement, persuasive foreign authority holds to the […]

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