by admin
on March 2, 2016
Lockhart v. United States, USSC No. 14-8358, 2016 WL 782862 (March 1, 2016); affirming United States v. Lockhart, 749 F.3d 148 (2nd Cir. 2014); Scotusblog page (including links to briefs and commentary)
Under 18 U.S.C. § 2252(b)(2), a defendant convicted of possessing child pornography must be given a prison term of at least ten years if the defendant “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” Federal courts had disagreed about whether a conviction for “aggravated sexual abuse” or “sexual abuse” had to “involv[e] a minor or ward,” or whether the “minor or ward” language applied only to convictions for “abusive sexual conduct.” The Supreme Court holds, 6 to 2, that the phrase “involving a minor or ward” modifies only “abusive sexual conduct.” [continue reading…]
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by admin
on March 2, 2016
State v. Corey R. Kucharski, 2013AP557-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs)
The trial court correctly applied the elements of § 971.15, and the record supports the trial court’s finding that Kucharski failed to meet his burden of showing that he lacked mental responsibility when he killed his parents. [continue reading…]
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by admin
on March 2, 2016
State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs)
By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent opinion about the cause of the victim’s death. This did not violate Muniz-Munoz’s right to confrontation. [continue reading…]
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by admin
on March 2, 2016
Pierce County v. C.S., 2015AP1463 & 2015AP1464, District 3, 2/26/16 (one-judge decision; ineligible for publication); case activity
C.S. challenges the orders terminating her parental rights to her sons, D. S. and K. S., based on their continuing need for protection or services. She raises multiple, fact-specific claims of ineffective assistance of trial counsel and circuit court error. All her claims are rejected. [continue reading…]
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by admin
on March 2, 2016
State v. Gavin S. Hill, 2016 WI App 29; case activity (including briefs)
The court of appeals holds that the standards for alleging and applying the ordinary repeater enhancer under § 939.62 also govern the domestic abuse repeater enhancer under § 939.621. Thus, the state must either prove that the defendant was convicted of the required predicate offenses or the defendant must admit that he was convicted of those offenses. [continue reading…]
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by admin
on March 1, 2016
State v. Anthony R. Owens, 2016 WI App 32; case activity (including briefs)
The circuit court properly admitted the victim’s statements about who shot him under the dying declaration exception to the hearsay rule, and the admission of the victim’s statements didn’t violate the Confrontation Clause. [continue reading…]
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by admin
on March 1, 2016
State v. Jason D. Henderson, 2015AP1740-CR, District I, 3/1/16 (1-judge decision; ineligible for publication); case activity (including briefs)
Henderson pled to two misdemeanor repeaters. He now seeks to withdraw his plea on the ground that counsel was ineffective for misinforming him that the two-year maximum sentence on each count was divided into one year of initial confinement and one year of extended supervision, rather than the correct 18 month/6 month split. [continue reading…]
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by admin
on March 1, 2016
State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity
D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay. [continue reading…]
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