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22. Habeas corpus

State v. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t have to… Read More

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State ex rel. Milton Eugene Warren v. Michael Meisner, 2020 WI 55, 6/11/20, reversing and remanding an unpublished order of the court of appeals, 2019AP567; case activity (including briefs) Seven years ago, the supreme court decided State v. Starks, 2013 WI 69, 349 Wis. 2d 274, 833 N.W.2d 146. That opinion contained a couple of… Read More

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Ladarius Marshall v. Scott Eckstein, No. 15-CV-008 (E.D. Wis. Apr. 22, 2020) Marshall pleaded to homicide and other charges. Before he did so, though, he moved to suppress statements he’d made during more than 12 hours of interrogation at the police station (he was 16 years old at the time). The trial court and our… Read More

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Terez Cook v. Brian Foster, Warden, 7th Circuit Court of Appeals No. 18-2214, 1/29/2020 Pursuing a federal writ of habeas corpus is always a long shot; in non-capital cases fewer than 1% of petitions are successful. Terez Cook gets it done here, convincing the Seventh Circuit his lawyer was ineffective at his trial for a… Read More

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State ex rel. Wren v. Richardson, 2017AP880-W, 2019 WI 110, affirming a court of appeals unpublished memorandum opinion; case activity (including briefs) Two weeks ago, we posted “SCOW holds defendants abandoned by counsel to same standards as licensed lawyers,” calling State v. Pope “the most absurd decision this term (still time for worse).” Behold an… Read More

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SCOW will address confusion created by Starks

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; reversed and remanded 6/10/20; case activity Issue (composed by On Point based on the petition for review) Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on… Read More

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Walker v. Pollard, 18C0147, Eastern District of Wisconsin, 9/4/19 Montgomery Walker is a pro se habeas petitioner who alleges that his postconviction/appellate counsel should have raised a claim of juror bias. In an order granting Walker an evidentiary hearing, the U.S. District Court holds that our supreme court was wrong, in State v. Starks, 2013… Read More

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Banister v. Davis, USSC No. 18-6943, certiorari granted 6/24/19 Question presented: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005). Decision below: Banister v. Davis, unpublished order dismissing appeal (5th Cir. May 8, 2018) USSC Docket… Read More

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