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B. Non-statutory defenses

Question presented: Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction? Lower court opinion: United States v. Class (unreported) (D.C. Cir. 2016) Docket Scotusblog page Though this is an appeal of a federal prosecution, it may well affect state practice. We’re all familiar with the general rule… Read More

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State v. Travis J. Manteuffel, 2016AP96-CR, 12/6/16, District 3 (1-judge decision; ineligible for publication); case activity (including briefs) State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, 866 N.W.2d 756, held it an ex post facto violation to require misdemeanants to pay the $200 DNA surcharge where the law imposing it went into effect… Read More

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State v. Zachary W. Swan, 2015AP1718-CR, 5/5/16, District 4 (one-judge opinion; ineligible for publication); case activity, including briefs Swan was convicted of OWI 2nd with a prohibited alcohol content. On appeal he argued that the circuit court should have suppressed the results of a preliminary breath test and other evidence due to the absence of… Read More

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That’s what we suspect anyway. In 2011, Kansas passed the Offender Registration Act, which requires persons convicted of certain felonies to register with state authorities. That prompted the question of whether applying the Act to persons convicted before it went into effect would violate the constitutional prohibition against ex post facto laws. Last week, the… Read More

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State v. Alina N. Caminiti, 2015AP122-CR, and State v. Matthew B. Caminiti, 2015AP123-CR, 4/6/2016, District 4 (not recommended for publication); case activity (including briefs). The Caminitis were members of a church in Black Earth whose leader (Matthew’s father) advocated “rod discipline”–the beating of infants and young children on the bare buttocks with wooden spoons or dowels… Read More

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Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read More

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State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay. D.T. was… Read More

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State v. Keith D. McEvoy, 2015AP1262, District 4, 12/30/2015 (one-judge decision; ineligible for publication); case activity (including briefs) Under the facts of this case, the temporary suspension of McEvoy’s license based on his blood alcohol content didn’t equitably estop the State from seeking to revoke his license based on his refusal to submit to a chemical test of… Read More

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