Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster A long line of Supreme Court cases holds that a criminal defendant’s right to counsel attaches when he or she becomes a criminal defendant: when he or she is formally accused of a crime. Most recently, in Rothgery v… Read more
5. Particular issues
Richard Shirley v. Lizzie Tegels, 7th Circuit Court of Appeals No. 18-1713, 3/8/23 Shirley was shackled while he testified at his jury trial for 1st degree reckless homicide. In this federal habeas appeal, he argued that the shackling violated his constitutional right to present a complete defense. The 7th Circuit denied relief because no SCOTUS… Read more
State v. Graham L. Stowe, 2021AP431-CR, District 3, 02/17/23 (not recommended for publication); case activity (including briefs) Graham Stowe was found NGI in 2005 and committed to the Department of Health and Family Services for 39 years and 6 months. Between 2007 and 2019, Stowe filed 10 petitions for conditional release. The same circuit court… Read more
Nelson Garcia, Jr. v. Brian Foster, 20-CV-335 (E.D. Wis. 11/9/21). Garcia challenged his robbery conviction on two grounds. (1) He was denied his right to counsel at a post-arrest police line up. (2) He was denied his right to go pro se at trial. While habeas wins are rare, what’s most remarkable is how blatantly… Read more
Danny Wilber v. Randall Hepp, 7th Cir. Nos. 20-2614 & 20-2703, decided 10/29/21 Danny Wilber was granted a writ of habeas corpus by a federal district judge due to the Wisconsin circuit court’s use of visible restraints during Wilber’s trial in violation of Deck v. Missouri, 544 U.S. 622 (2005). We wrote about that decision here… Read more
Rico Sanders v. Scott Eckstein, 7th Circuit Court of Appeals No. 19-2596 (Nov. 30, 2020) Sanders was give a 140-year sentence for sexual assaults he committed when he was 15 years old. He’ll be eligible for parole in 2030, when he’s 51. He argues he’s entitled to habeas relief because the Wisconsin Court of Appeals… Read more
Larry H. Dunn v. Cathy Jess, 7th Circuit Court of Appeals No. 20-1168 (Nov. 24, 2020) Dunn was charged with felony murder and other offenses based on the fact he had struck the victim, who was later found dead from a head injury. In a rare case that clears the high hurdles of both AEDPA… Read more
Shan Fieldman v. Christine Brannon, __F.3d__ (7th Cir. 2020) Shan Fieldman climbed into a truck and told a hit man that he wanted his ex-wife and her boyfriend killed. Turns out the hit man was an undercover cop who videotaped their conversation. At trial the State played the video. Fieldman testified that he did not… Read more
