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Seventh Circuit affirms in Wisconsin-originating habeas on juror intrusion claim; analyzes Wisconsin’s no-merit procedure
Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25 In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief.
- B. Federal
- 5. Particular issues
- h. Jury issues
- H. Deliberations
- I. Questions by jurors
- 22. Habeas corpus
- 25. Jury
April 28, 2025
COA reverses, holding deputy lacked probable cause to search truck under the automobile exception to the warrant requirement
State v. Jonah Michael Hoffman, 2024AP1221-CR, 4/24/25, District IV (1-judge decision, ineligible for publication); case activity The sole issue on appeal is whether the deputy who arrested Hoffman had probable cause to search his truck for evidence of an open container. COA concludes that probable cause was lacking, and accordingly reverses and remands with directions […]
- a. Field Sobriety Testing
- a. Auto
- 2. Traffic stops
- 6. Search incident to arrest
- G. Reasonable suspicion
- I. Suppression hearings
- 35. Search & Seizure
April 24, 2025
Defense wins sufficiency of evidence claim in COA after trial for possessing intoxicating liquor without a license.
State v. Kimberly D. Rowe, 2022AP2122-CR, 4/22/25, District III (1-judge decision, ineligible for publication); case activity The COA considered when a collection of liquor bottles behind the counter of what appeared to be a bar becomes “intoxicating liquor” for which a license is required to possess for intended sales. Because the State did not prove […]
SCOTUS grants cert to determine whether restitution is penal for purposes of the Ex Post Facto Clause
Holsey Ellingburg, Jr. v. United States, USSC No. 24-557, certiorari granted 4/7/25 SCOTUS added to its 2025-26 docket on April 7, when it granted the petitioner’s cert. petition to address the following: Question presented: Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.
April 23, 2025
COA affirms TPR, holding parent failed to establish prejudice due to admission of “arguably inadmissible hearsay”
State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was […]
COA affirms juvenile waiver decision despite judge’s mistaken belief about SJO program
State v. J.A.V., 2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.
COA affirms default finding in TPR due to single missed court date
State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.
Seventh Circuit Cases for March
March was another slow month, but brought a couple of cases potentially relevant to our practice with respect to a delayed search of a cell phone, the use of suggestive lineups, the constitutionality of laws governing short-barreled rifles, and an argument that the Sixth Amendment applies to criminal restitution orders:
April 18, 2025
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