Posts tagged with: "criminal-procedure-digest"
Results 41 - 60 of 204
Sorted by Relevance
|
Sort by Date
22 Aug 2011, 10:48 am
Criminal Procedure
Attorney-client privilege; crime-fraud exception; in camera hearings [read post]
2 Aug 2011, 11:09 am
Criminal Procedure
Right to counsel; discovery; ineffective assistance; venue; new trials [read post]
18 Aug 2011, 11:16 am
Criminal Procedure
Right to be present
[read post]
18 Aug 2011, 11:18 am
Criminal Procedure
Anonymous juries
[read post]
22 Aug 2012, 8:27 am
2012AP742-CR State v. Fredlund [read post]
21 Jun 2011, 11:46 am
Criminal Procedure
Plea agreements; breach
Nathaniel Madden pled guilty to one count of armed robbery and one count of burglary, both as party to a crime and as a habitual criminal. The circuit court imposed a sentence totaling twenty-eight years, comprised of eighteen years of initial confinement and ten years of extended supervision. In a postconviction motion, [...] [read post]
14 Jun 2011, 8:32 am
Criminal Procedure
Plea withdrawal
Elmer Allen pled guilty to armed robbery, party to a crime. The circuit court imposed a bifurcated sentence of thirty years, comprised of eighteen years of initial confinement and twelve years of extended supervision. Allen filed a postconviction motion to withdraw his plea. After an evidentiary hearing at which only Allen testified, the [...] [read post]
14 Jun 2011, 9:11 am
Criminal Procedure
Breach of plea agreement
Although the PSR reached a much higher loss figure than contemplated by the parties, the government did not breach the plea agreement by agreeing with the higher loss figure.
“Our principal difficulty with Mr. O’Doherty’s argument is that it misconstrues the language of the pertinent section of the agreement, and ‘a party’s [...] [read post]
15 Jun 2011, 11:00 am
Criminal Procedure
Right to be present
Timothy Tackett appeals from a judgment of conviction of second-degree sexual assault of a child under sixteen and from an order denying his postconviction motion for a new trial. He argues that the trial court erred in communicating with the jury outside his and defense counsel’s presence. The trial court concluded [...] [read post]
17 Jun 2011, 8:49 am
Criminal Procedure
New trials; prosecutorial misconduct
Where the government knowingly presented false testimony, the district court properly granted the defendant a new trial.
“The comments at issue were made during the rebuttal portion of the government’s closing argument, so there was no opportunity for the defense to counter the statement.
And a curative instruction would have had little effect. [...] [read post]
24 May 2011, 11:31 am
Criminal Procedure
Ineffective assistance; venue; new trials
Crystal P. Keith appeals from an order denying her motion for postconviction relief. Keith was convicted of one count of first-degree reckless homicide for the death of her foster son, Christopher, and one count of physical abuse of a child for the treatment of her foster daughter, C.T. On appeal [...] [read post]
16 Jun 2011, 10:46 am
Criminal Procedure
Miranda warnings; age
A child’s age is relevant to whether he is in custody and Miranda warnings are required.
“In some circumstances, a child’s age “would have affected how a reasonable person” in the suspect’s position “would perceive his or her freedom to leave.” Stansbury, 511 U. S., at 325. Courts can account for that reality [...] [read post]
24 May 2011, 11:32 am
Criminal Procedure
Personal jurisdiction; subject matter jurisdiction
Kray Burkart, pro se, appeals a default judgment, convicting him of forfeiture harassment. Burkart alleges the circuit court lacked subject matter and personal jurisdiction, and the complaint violated his constitutional rights. We affirm. This opinion will not be published.
2010AP1542 State v. Burkart
Dist III, Marathon County, Brady, J., Brunner, J.
Attorneys: For [...] [read post]
22 Jun 2011, 10:28 am
Criminal Procedure
Jury instructions; constructive possession
The pattern jury instruction for constructive possession is not misleading.
“We decline Mokol’s invitation to hold that the Seventh Circuit Pattern Criminal Federal Jury Instruction for constructive possession misleads juries into convicting defendants on a conspiracy theory of liability. These two respective forms of liability have different elements, which the pattern jury [...] [read post]
24 May 2011, 11:38 am
Criminal Procedure
Successive appeals
Sarah D. Burrell, pro se, appeals from an order denying her sentence modification motion. Because we conclude that her claims are procedurally barred, we affirm. This opinion will not be published.
2009AP3186 State v. Burrell
Dist I, Milwaukee County, Konkol, J., Per Curiam
Attorneys: For Appellant: Burrell, Sarah D., pro se; For Respondent: Loebel, Karen A., [...] [read post]
17 Jun 2011, 8:45 am
Criminal Procedure
As-applied vagueness challenges
A defendant who pleads guilty without raising an as-applied vagueness challenge in the trial court is barred from raising that issue on appeal.
“A guilty plea is more than a mere confession; a defendant who pleads guilty admits not only that he committed the acts described in the indictment but also that he [...] [read post]
14 Jun 2011, 9:02 am
Criminal Procedure
Counsel of choice
It did not violate the defendant’s right to counsel of choice to deny a request for new counsel and a continuance after the jury had already been selected.
“The circumstances would not have justified granting the request even if a jury hadn’t been picked. Gaya’s lawyer, who was court-appointed, had filed his notice [...] [read post]
14 Jun 2011, 8:30 am
Criminal Procedure
Successive appeals
Tramell E. Starks, pro se, appeals from an order denying his Wis. Stat. § 974.06 motion without a hearing. Starks had alleged that postconviction counsel was ineffective for failing to challenge trial counsel’s performance. The circuit court ruled that Starks had not set forth viable ineffectiveness claims against trial counsel, so the circuit [...] [read post]
24 May 2011, 11:35 am
Criminal Procedure
Out-of-court identifications; self-representation; Confrontation Clause
Steven Johnson, pro se, appeals a judgment of conviction entered after a jury found him guilty of robbery by threat of force pursuant to Wis. Stat. § 943.32(1)(b) (2007-08). Johnson sets forth numerous grounds for his appeal, all of which are wholly without merit. For the reasons which follow, we [...] [read post]
21 Aug 2012, 9:18 am
2010AP1253 State v. Holm [read post]