April 2012

Roselva Chaidez v. United States, USSC No. 11-820, cert granted 4/30/12

April 30, 2012

Question Presented (from cert petition):  In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented […]

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SVP Commitment – Jury Instructions: “Mental Disorder”

April 27, 2012

State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12 court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12 Although admittedly “inconsistent” in the way it defines “mental disorder,” when read “as a whole,” the pattern […]

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State v. Courtney C. Beamon, 2011 WI App 131, rev. granted 4/25/12

April 26, 2012

court of appeals decision; for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; prior post Elements, Fleeing, § 346.04(3) – Instructions – Sufficiency of Proof – Harmless Error  Issues (from Beamon’s Petition for Review): Is a jury instruction which describes the factual theory alleged to satisfy an element legally erroneous? In a […]

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Court of Appeals Publication Orders, 4/12

April 25, 2012

court of appeals publication orders, 4/25/12 On Point posts from this list: 2012 WI App 42 La Crosse Tribune v. Circuit Court for La Crosse County 2012 WI App 46 State v. Lamont L. Travis 2012 WI App 47 State v. Matthew R. Steffes 2012 WI App 48 State v. Dennis R. Thiel 2012 WI App […]

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The Plotkin Analysis: judicial substitution in criminal cases; right to refuse probation; access to juvenile records; hearsay at preliminary hearings

April 25, 2012

I will periodically include a brief description of pending legislation that affects the State Public Defender’s practice.  With the Legislature’s regular session having ended on March 16, I wanted to summarize a couple of bills that either passed in the closing days of session, or bills that failed to pass. […]

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Habeas – Procedural Bar: Waiver by State

April 24, 2012

Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010) This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus […]

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Intentionally Mistreating / Shooting Animal, Resulting in Death, §§ 951.02 951.09 and 951.18(1): Intent not Element – Pellet Gun Is Weapon

April 18, 2012

State v. Shawn M. Klingelhoets, 2012 WI App 55 (recommended for publication); for Klingelhoets: Robert R. Henak; case activity Intentionally Mistreating Animal, Resulting in Death, §§ 951.02 and 951.18(1) – Intent Element  Intentionally mistreating an animal, resulting in the animal’s death, contrary to Wis. Stat. §§ 951.02 and 951.18(1), doesn’t require intent to kill: ¶17      In […]

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Shiffra-Green Procedure – Privileged Records – Remedy

April 18, 2012

State v. Samuel Curtis Johnson, III, 2011AP2864-CRAC, District 2, 4/18/12, WSC rev granted 11/14/12 court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Johnson: Mark D.   Richards, Michael F. Hart, Craig S. Powell, Geoffrey R. Misfeldt; case activity Shiffra-Green Procedure - Privileged Records - Remedy Where Witness […]

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Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional; Constitutional, as Applied; Defense of Coercion, § 939.46(1)

April 17, 2012

State v. Clarence E. Brown, 2011AP2049-CR, District 1, 4/17/12 court of appeals decision (1-judge, not for publication); for Brown: Daniel R. Drigot; case activity Carrying Concealed Weapon, § 941.23 (2009-10) – Facially Constitutional The court upholds the constitutionality of the prior version of § 941.23, CCW, as not violating the right to bear […]

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Felon-in-Possession, § 941.29: Constitutionality, Second Amendment

April 11, 2012

State v. Thomas M. Pocian, 2012 WI App 58 (recommended for publication); for Pocian: Martin E. Kohler, Craig S. Powell, Geoffrey R. Misfeldt; case activity ¶2        In 1986, Thomas M. Pocian was convicted of writing forged checks, a felony.  Twenty-four years later, Pocian was prosecuted under Wis. Stat. § 941.29, which prohibits a felon from […]

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