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8. Other types of proceedings

seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009) A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an… Read more

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State v. Marquita R., 2010AP1981, District 1, 12/14/10 court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir TPR – Default as Sanction Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct… Read more

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7th circuit decision; on appeal after remand, Eric D. Holmes v. Buss, 506 F.3d 576 (7th Cir 2007) Competency of Petitioner, While Pursuing Habeas Relief Given that petitioner is clearly incompetent (“He is deeply confused, obsessed, and delusional”) court orders habeas proceeding suspended until state shows his condition sufficiently improved. This is a death penalty… Read more

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State v. Ronald D. Luttrell, 2008 WI App 93 For Luttrell: Steven Prifogle, SPD, Milwaukee Trial Issue: Whether a ch. 980 SVP respondent is entitled to § 971.14 competency evaluation. Holding: ¶8        It is true, of course, that both Wis. Stat. § 971.13 and Wis. Stat. § 971.14 once applied to Wis. Stat. ch. 980 commitments, see Smith, 229 Wis. 2d at… Read more

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