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Davis v. Ayala, USSC No. 13-1428 (June 18, 2015), reversing Ayala v. Wong, 756 F.3d 656 (9th Cir. 2013); majority opinion by Justice Alito; concurrences by Justices Kennedy and Thomas; dissent by Justice Sotomayor SCOTUSblog page (including links to briefs and commentary) Jury selection for Hector Ayala’s murder trial spanned 3 months and involved more than 200 prospective jurors… Read more

State v. Lavarren D. Etienne, 2014AP2881-CR, 6/18/15, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) This appeal concerned the sufficiency of evidence to support a jury verdict that Etienne intentionally violated a bond which prohibited him from having contact with “P.J.”  Etienne said the contact was accidental. Due to the deference given… Read more

Ohio v. Darius Clark, USSC No. 13-1352, 2015 WL 2473372 (June 18, 2015), reversing State v. Clark, 999 N.E.2d 592 ((Ohio 2013); Scotusblog page (including links to briefs and commentary) A unanimous Supreme Court holds that statements a child made to his teachers about who was physically abusing him were not “testimonial” for purposes of the Confrontation Clause. The Court agrees that the Confrontation Clause… Read more

Stephen McFadden v. United States, USSC No. 14-378, 2015 WL 2473377 (June 18, 2015), reversing and remanding United States v. McFadden, 753 F.3d 432 (4th Cir. 2014); Scotusblog page (including links to briefs and commentary) The Supreme Court holds that in order to convict a defendant of distribution a controlled substance analogue, the government must prove that the defendant… Read more

State v. Timothy J. Relyea, 2014AP2860-CR, District 4, 6/18/15 (one-judge decision; ineligible for publication); case activity (including briefs) Put down that Sprecher® Root Beer if you’re behind the wheel! It could get you pulled over by a sharp-eyed cop who is knowledgable about the bottling practices of the beverage industry. Relyea was stopped on “a clear, sunny… Read more

State v. Kirk L. Griese, 2015AP180, District 4, 6/18/15 (one-judge decision; ineligible for publication); case activity (including briefs) There was probable cause to believe Griese was operating under the influence, even though the officer arrested Griese while he was having a Bacardi and Coke in the bar to which he had driven. ¶8        Griese concedes that he had… Read more

Oscar C. Thomas v. Marc Clements, 7th Circuit Court of Appeals No. 14-2539, 6/16/15, petition for rehearing en banc denied, 8/7/15 Thomas is entitled to a new trial for the intentional homicide of Joyce Oliver-Thomas, his ex-wife, because his trial lawyer was ineffective for failing to ask a pathology expert to review the conclusions of the state’s forensic pathologist—conclusions… Read more