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Evidence sufficient to support commitment under 51.20(1)(a)2.c

Outagamie Countyv. G.S., 2019AP1950, 1/20/21, District 3 (1-judge opinion, ineligible for publication); case activity “George” called law enforcement claiming to be a federal authority who wanted to make a citizen’s arrest of some duck hunters. When a deputy arrived at the lake he saw George in a boat with 2 encased firearms about 100 yards […]

January 22, 2021

Maximum length of NGI commitment equals maximum terms of confinement for all cases, added together

State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication); case activity (including briefs) A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum term of confinement (for felonies under Truth-in-Sentencing II, § 971.17(1)(b)) […]

COA splits on prejudice caused by counsel’s ineffective presentation of Denny defense

State v. General Grant Wilson, 2018AP183-CR, 1/12/21, District 1 (not recommended for publication); case activity (including briefs) This marks the 3rd time the court of appeals has addressed Wilson’s case. In this appeal, the sole question is whether trial counsel provided ineffective assistance of counsel. The circuit court found deficient performance but not prejudice. Two […]

January 15, 2021

New 5th Circuit case limits cell phone searches

Click here to read Orrin Kerr’s analysis of a recent 4th Amendment case from the 5th Circuit. The government properly obtained a warrant to search for text, messages, call logs, and contacts on a cell phone, but not for evidence in the form of photos. Those were suppressed and the conviction overturned. Kerr argues that […]

Important Life Advice for Lawyers from RBG

Just sharing a nice post from Above the Law about RBG.

SCOTUS will clarify plain error doctrine’s prejudice requirement

Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page Question presented:  Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the […]

January 14, 2021

SCOTUS to address how plain error doctrine applies to defective plea colloquy

United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page Question presented: Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense […]

SCOTUS to review illegal reentry after deportation

United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page Question presented: Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction.

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