Links to the latest legal news!

by admin on March 27, 2015

SCOTUS declines to sanction Foley & Lardner, but cautions lawyers: state your petitions in plain terms; avoid obscure acronyms and convoluted sentences! Here.

Law firm success rates in SCOW here.

DA’s alteration of interrogation transcript was no joking matter. Case dismissed here.

“The Executioner’s Dilemma.” A new study on botched injection procedures.

How to be a “suckcessful” lawyer here!

Justices Breyer and Kennedy: “The criminal justice system isn’t working!” Read their views here.

The 5 worst justices in U.S. Supreme Court history? Not Breyer and Kennedy. Find out who they are here.

Too old to commit a crime. See why offenders age out of trouble here.

{ 0 comments }

Rock County v. J.N.B., 2014AP774, District 4, 3/26/16 (one-judge decision; ineligible for publication); case activity

Having rejected the no merit report filed by J.N.B.’s appellate counsel and ordered counsel to brief the issue of the sufficiency of the evidence, the court of appeals declares “the County presented ample evidence demonstrating that J.N.B. is dangerous because he evidences such ‘impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself,’” § 51.20(1)(a)2.c.

Read the full article

{ 0 comments }

State v. Antwan D. Hopson, 2014AP1430-CR, District 2, 3/25/15 (not recommended for publication); case activity (including briefs)

Even though Hopson was not formally under arrest at the time police searched him in a manner that exceeded the allowable scope of a frisk, the search was legal because the police had probable cause to arrest Hopson for possession of marijuana.

Read the full article

{ 0 comments }

Henry Montgomery v. Louisiana, USSC No. 14-280, cert. granted 3/23/15

March 25, 2015

Questions Presented: 1) Did the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), adopt a new substantive rule that applies retroactively on collateral review to people sentenced as juveniles to life in prison without parole? 2) Does the Supreme Court have jurisdiction to decide whether […]

Read the full article →

Defendant’s request for a “public pretender” deemed a big joke

March 25, 2015

State v. Johnny Jerome Jones, 2014AP342-CR, 3/24/14, District 1 (not recommended for publication); click here for docket and briefs Jones turned himself in for a hit-and-run accident that resulted in death.  During the interrogation, and after being Mirandized, he asked the detective: “So ya’ll can get a public pretender right […]

Read the full article →

Third trial not a charm

March 25, 2015

State v. Tyron James Powell, 2014AP1053-CR, District 1, 3/24/15 (not recommended for publication); click here for docket and briefs After obtaining two mistrials, Powell probably thought he’d get lucky the third time around. Instead, he got a conviction followed by a court of appeals decision that rejected his arguments on […]

Read the full article →

Voir dire panel “untainted” despite deputy/juror’s assertion that State had enough evidence to convict defendant

March 22, 2015

State v. Dawn M. Hackel, 2014AP1765-CR, District 4, 3/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) During voir dire at an OWI trial, a sheriff’s deputy/prospective juror said he had arrested drunk drivers, testified in drunk driving cases, and said that based on his professional training and occupation the State […]

Read the full article →

SCOW: Totality of circumstances determines whether complaint is sufficient to provide defendant adequate notice of accusation

March 19, 2015

State v. Brian S. Kempainen, 2015 WI 32, 3/19/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs) The supreme court unanimously holds that when determining whether the accusations in a criminal complaint are specific enough to give a defendant fair notice of the charges and an […]

Read the full article →

Court properly exercised discretion in severing legal ties of grandmother in TPR disposition

March 19, 2015

State v. Jasmine W., 2014AP2960 & 2014AP2961, District 1, 3/18/15 (one-judge decision; ineligible for publication); case activity: 2014AP2960; 2014AP2961 The circuit court applied the proper standard of law to the relevant fact when it declined to place Jasmine’s children with their grandmother, found no substantial relationship between the children and their grandmother, and concluded that […]

Read the full article →

State v. Patrick J. Lynch, 2011AP2680-CR, petition for review granted 3/16/15

March 18, 2015

Review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) Should State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), and State v. Green, 2002 WI 68, 253 Wis. 2d 536, 646 N.W.2d 298, be overruled? If the Shiffra/Green […]

Read the full article →