State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity
The court of appeals rejects a mother’s two challenges to the termination of her parental rights. [continue reading…]
Kernan v. Hinojosa, USSC No. 15-833, 2016 WL 2842454 (May 16, 2016) (per curiam), reversing Hinjosa v. Davey, 803 F.3d 412 (9th Cir. 2015); Scotusblog page
The Ninth Circuit Court of Appeals concluded that the California courts hadn’t made a determination of Hinojosa’s claim on the merits and therefore applied de novo review rather than AEDPA’s highly deferential standard. The supreme court summarily holds the court of appeals’ conclusion was wrong, and that AEDPA does apply. [continue reading…]
United States v. Eugene A. Sweeney, 7th Circuit Court of Appeals No. 14-3785, 5/9/16
The police officers’ search of the basement of the apartment building where an armed robbery suspect lived was neither a trespass nor an invasion of the apartment dwellers’ curtilage. Thus, the gun found during the search was lawfully seized and not subject to suppression. [continue reading…]
St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity
Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court. [continue reading…]
State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs)
Issues (composed by On Point)
Were one or more jurors at Lepsch’s trial objectively or subjectively biased because they did not provide “unequivocal assurances” that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the greater credibility of police) and decide the case solely on the evidence?
Did the prior beliefs of some jurors, and the lack of sufficient inquiry into their ability to set them aside, create an appearance of bias sufficient to deny Lepsch’s due process right to an impartial jury?
Were Lepsch’s rights to be present and to a public trial violated when the prospective jurors were sworn in the jury assembly room, outside the presence of the court and counsel?
Was Lepsch denied due process or the effective assistance of counsel by the trial court’s failure to give him the 7th peremptory strike to which he was entitled and by failing to strike 5 jurors for cause, forcing him to use 5 of his 6 strikes to remove them? [continue reading…]
Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity
The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination. [continue reading…]
State v. Daniel L. Schmidt, 2016 WI App 45; case activity (including briefs)
The court of appeals rejects three challenges to Schmidt’s jury-trial conviction of two homicides. [continue reading…]
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful. [continue reading…]
