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April 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 is whether Padilla applies to… Read More

State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12 court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12 Although admittedly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 jury instruction for ch. 980… Read More

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 criminal case, are the instructions… Read More

Court of Appeals Publication Orders, 4/12

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 49 Village of McFarland v… Read More

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. One bill failing to pass… Read More

Habeas – Procedural Bar: Waiver by State

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 petition, the State twice informed… Read More

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 sum, the plain language of Wis… Read More

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 Declines Consent for in Camera… Read More