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B. Recusal

Williams v. Pennsylvania, USSC No. 15-5040, 2016 WL 3189529 (June 9, 2016), vacating and remanding Commonwealth v. Williams, 105 A.3d 1234 (Pa. 2014); Scotusblog page (includes links to briefs and commentary) When he was district attorney of Philadelphia, Ronald Castille authorized a subordinate to seek a death sentence in Terrance Williams’s murder trial. Thirty years later… Read More

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Questions Presented: 1. Are the Eighth and Fourteenth Amendments violated where the presiding Chief Justice of a State Supreme Court declines to recuse himself in a capital case where he had personally approved the decision to pursue capital punishment against Petitioner in his prior capacity as elected District Attorney and continued to head the District… Read More

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State v. Jesse L. Herrmann, 2015 WI 84, 7/15/15, afffirming an unpublished per curiam court of appeals decision; case activity (including briefs) All seven justices agree Herrmann’s due process right to an impartial judge wasn’t violated in this case, as the sentencing judge’s remarks didn’t establish the judge was was objectively biased against Herrmann. Two… Read More

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State v. Ouati K. Ali, 2011AP2169, District 4, 11/1/12 court of appeals decision (not recommended for publication); case activity Postconviction Proceedings – Right to Counsel  A defendant has no constitutional right to counsel outside the direct appeal period, therefore Ali’s argument that failure to appoint counsel counsel to pursue DNA testing deprived him of due… Read More

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Supreme Court Justice Recusal

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman);  case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1   On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read More

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Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler);  case activity; companion decisions: 2012 WI 69, 2012 WI 43 Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser. ¶2   The highly unusual issue each justice is called upon to decide… Read More

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State v. Circuit Court for Dane County / Ismael R. Ozanne v. Jeff Fitzgerald, 2012 WI 82, declining to grant motion to reopen 2011 WI 43; case activity; companion case: Adams v. State, 2012 WI 81 The court splits 3-3 on, and therefore does not grant, District Attorney Ozanne’s motion to reopen the decision in 2011 WI 43 (the Act 10, Open Meetings… Read More

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order denying motion for reconsideration of in: State v. Dimitri Henley, 2011 WI 67; for Henley: Keith A. Findley; case activity; additional history: 2010 WI 12 (memorandum decision, Roggensack, J.); court order (5/24/10) Henley’s motion to reconsider, though directed formally to the decision reversing grant of new trial, as a practical matter is directed to reconsideration… Read More

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