On Point is posting resources to assist defense lawyers during the pandemic. The list will remain here at the top of the blog so you can find it easily. Help your colleagues and clients. Alert us to new information through email or the comment section, and we will add it. Also, we’ll be working to share useful information and updates on our Facebook and Twitter feeds; click the links to visit and subscribe. Read more
In a self-described “narrow” decision, the Supreme Court holds that, in the absence of information negating the inference that the owner was driving, a police officer had reasonable suspicion to stop a car based on the fact the registered owner of the car had a revoked driver’s license. Read more
Zoom hearings are common now, but so are reports of security flaws in the platform. Plus Zoombombing (a troll crashing a meeting and bombarding it with pornography) has become a thing. Could this happen at a Zoom court hearing that is required by law to be confidential? Think Chapter 48, 51 and 55 hearings. This NYTimes article recommends against using Zoom for sensitive matters. It advises users to turn on all security settings have been turned on or use a safer alternative to Zoom.
Speaking of Zoom, due to the pandemic SCOW will begin holding oral arguments over Zoom, and they will be streamed over Wisconsin Eye. One will be Milton Eugene Warren v. Michael Meisner, Appeal No. 2019AP567, which concerns the confusion SCOW created with its decision in State v. Starks. See our post on the decision to grant review here.
This post by Alan Rozenshstein on Lawfare explains how “the U.S. is struggling with a ‘coronavirus trilemma”: It wants to protect lives, ease social isolation, and protect privacy and civil liberties but it can only do two of those at the same time.
United States v. Terrill A. Rickmon, 7th Circuit Court of Appeals No. 19-2054, 3/11/20
Police stopped a vehicle because it was emerging from the source of a ShotSpotter alert. The 7th Circuit holds that the totality of the circumstances gave the officer responding to the scene reasonable suspicion of criminal activity to justify the stop. Read more
This NACDL article just made the top 10 downloads in the criminal procedure e-journal: “Please Tweet Responsibly: The Social and Professional Ethics of Public Defenders Using Client Information in Social Media Advocacy.” Read it here.
Listen up, appellate lawyers! Late on April 2nd, SCOW issued another order adjusting appellate court operations due to the pandemic. The first order, issued March 17th, modified working hours for the court of appeals/supreme court clerk’s office and extended many appellate deadlines by 21 days.
Two national papers are reporting an upside to “stay at home” orders. Read more about their investigations here.