Ozaukee County v. C.Y.K., 2015AP1080-FT, District 2, 9/9/15 (one-judge decision; ineligible for publication); case activity Even though the examining psychiatrist opined that C.Y.K. was not substantially incapable of making an informed choice about accepting or refusing medication or treatment, the record as a whole supported the circuit court’s order for involuntary medication and treatment. C.Y.K. argues… Read more
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Dear Readers: Thank you for your patience while we’ve updated On Point. It may seem that we’ve simply changed our look. After all, we’re sporting a new banner and tons of photos of folks explaining why we need public defenders. (Take a look. Their answers are truly inspiring!) But our real task was to modernize… Read more
Wayne Kubsch v. Ron Neal, 7th Circuit Court of Appeals No. 14-1898, 8/12/15 After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. He challenged his conviction and sentence in a federal habeas proceeding on three grounds: (1) the Indiana trial court excluded evidence of a witness’s exculpatory hearsay… Read more
Myron A. Gladney v. William Pollard, 7th Circuit Court of Appeals No. 13-3141, 8/26/15 In 2013 Gladney filed a habeas petition challenging his state conviction, which became final in 1999. The district court properly dismissed the petition as untimely because even if the limitations period could have been tolled until Gladney found out about his counsel’s failure… Read more
United States v. Mariano A. Meza-Rodriguez, 7th Circuit Court of Appeals No. 14-3271, 8/20/15 While aliens who are in the United States without authorization may invoke the protections of the Second Amendment, 18 U.S.C. § 922(g)(5), which prohibits unauthorized aliens from possessing firearms, is a reasonable regulation of the right to bear arms. Thus, Meza-Rodriguez’s prosecution… Read more
United States v. Rodolpho Hernandez Flores, 7th Circuit Court of Appeals No. 15-1515, 8/19/15 (per curiam) Hernandez Flores was stopped for driving with an obstructed license plate because his rear plate was affixed to his car by a standard frame that covered the plate’s periphery. The stop violated the Fourth Amendment because it was based on… Read more
Benjamin Barry Kramer v. United States, 7th Circuit Court of Appeals No. 14-3049, 8/17/15 Sticking with its decision in Suggs v. United States, 705 F.3d 279 (7th Cir. 2013), the Seventh Circuit holds that Kramer’s most recent habeas petition challenging a conviction that was not affected by his three previous petitions is a second or… Read more
Andre Jackson v. Marc Clements, 7th Circuit Court of Appeals No. 15-1145, 8/12/15 Jackson’s habeas petition under 28 U.S.C. § 2241 challenging his extradition from Illinois to Wisconsin became moot once he was convicted in Wisconsin of the charges for which he was extradited. The appropriate vehicle for a state pre-trial detainee to challenge his… Read more
