Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal… Read more
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Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary) The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms… Read more
City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Because there was no precedent clearly establishing that it unreasonable… Read more
Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15 In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley… Read more
“Recommended Reading on Prosecutorial Misconduct.” Boy those DAs get away with a lot! Click here for more. Are underpaid public defenders happier than their wealthy counterparts in private practice? This article says “yes.” Check out UWLS Professor Cecilia Klingele’s new article on deterrence-based correctional programs here. “Anatomy of a Contempt: Just keep telling the judge… Read more
Steven D. Johnson v. Brian Foster, 7th Circuit Court of Appeals No. 13-2008, 5/6/15 Johnson’s failure to file a petition for review in the Wisconsin Supreme Court means he failed to complete a full round of state-court review, which in turn means his federal habeas petition is barred under the doctrine of “procedural default.” This default could be excused… Read more
Ralph D. Armstrong v. Karen D. Daily, et al., 7th Circuit Court of Appeals Nos. 13-3424 & 13-3482, 5/11/15 Ralph Armstrong was imprisoned for 29 years for the 1980 rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, State v. Armstrong, 2005 WI… Read more
State v. Royce L. Hawthorne, 2014AP1566/67, 5/12/15, District 1 (not recommended for publication); click here for briefs Hawthorne filed a pro se appeal from the denial of his §974.06 postconviction motion, which raised 9 claims of ineffective assistance of postconviction counsel and 3 claims of ineffective assistance of appellate counsel. The court of appeals dispensed… Read more
