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ASPD Andy Hinkel will argue Mitchell v. Wisconsin to the United States Supreme Court on Tuesday.  The issue is whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Click here to read SCOTUSblog’s preview of the case. It points out that 29 states have laws similar to Wisconsin’s, so the court’s decision in this case will indeed have nationwide impact. If you want to listen to an audio recording of the argument or read a transcript of it, both will be available later this week here. Go, Andy! The SPD (and many amicus parties) are rooting for you and your client!!

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State v. Nelson Garcia, Jr., 2019 WI 40, 4/19/19; case activity (including briefs)

ASPD Pam Moorshead briefed this appeal and argued it to SCOW less than two weeks ago. The lead issue was whether the Sixth Amendment right to counsel attaches upon the finding of probable cause and setting of bail by a court commissioner. Justice Abrahamson withdrew from participation leaving only 6 justices to decide the case. Unfortunately, they split 3-3. This means that at least 1 of the conservative justices sided with the defendant. With the full court, he likely would have prevailed.  Due to the split, the court of appeals’ decision stands.  Clearly SCOW is interested in this issue (and possibly the other 2 listed in the petition) so please preserve it for your appellate colleagues! For a refresher, read On Point’s analysis here. 

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If you’re seeking review in SCOTUS, be advised that the court recently changed its rules. Read SCOTUSblog’s summary here, which links to the amendments.

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Misdemeanor criminal justice

According to a new empirical study, the prosecution of misdemeanors varies widely from jurisdiction. And they disproportionately impact the poor and people of color. Read all about it here.

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You know Sackler–the former chairman of Purdue-Pharma, maker of Oxycontin. You also know John Oliver, which means you probably want to want to see this dramatic reading of Sackler’s deposition!

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The Strickland standard stinks

You don’t have to say that 3 times fast . . . or slow. We all know it’s true. Here is a study that confirms the point. While the article focuses on death penalty cases, its conclusions apply broadly. Want to challenge Strickland? This article is a place to start.

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Here is The New Yorker’s review of Emily Bazelon’s new book, Charged, which looks at two cases where prosecutorial misconduct put 2 people through hell, why bail is hard to get, and why public defenders are often inadequate.

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Reducing violent recidivism

MULS Professor Michael O’Hear has a new article out: Managing the Risk of Violent Recidivism: Lessons from Legal Responses to Sexual Offenses. See the abstract below, and click here for the article. Read more

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