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A. Judicial bias

State v. Jesse T. Riemer, 2017 WI App 48; case activity (including briefs) In what appears to be the first case of its kind, the court of appeals addresses the standard for reviewing the sentence imposed on a member of the Wisconsin National Guard after he was convicted of various offenses. Concluding it should apply the same… Read More

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SCOTUS reaffirms objective bias standard

Michael Damon Rippo v. Renee Baker, Warden, USSC No. 16-6316, 2017 WL 855913 (March 6, 2017) (per curiam), reversing and remanding Rippo v. State, 368 P.3d 729 (Nev. 2016); Scotusblog page In this per curiam decision, the Supreme Court holds the lower court erred in demanding a defendant show actual bias to satisfy his claim that… Read More

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Williams v. Pennsylvania, USSC No. 15-5040, 2016 WL 3189529 (June 9, 2016), vacating and remanding Commonwealth v. Williams, 105 A.3d 1234 (Pa. 2014); Scotusblog page (includes links to briefs and commentary) When he was district attorney of Philadelphia, Ronald Castille authorized a subordinate to seek a death sentence in Terrance Williams’s murder trial. Thirty years later… Read More

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Outagamie County D.H. & H. S. v. Michael P., 2015AP845, 3/22/16, District 3 (i-judge opinion; ineligible for publication); case activity A jury found grounds to terminate Michael P’s parental rights. He appealed and explained that during the County’s adverse examination of him, the trial judge repeatedly interrupted and instructed him to answer only the questions… Read More

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N.A.H. v. J.R.D., 2015AP1726, 2015AP1727, and 2015AP1728, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity (first case number) The petition to terminate J.R.D.s parental rights set forth sufficient facts to support the allegation that J.R.D. had failed to assume parental responsibility. N.A.H. filed a petition seeking to terminate the parental rights of J.R.D., the father of her… Read More

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Questions Presented: 1. Are the Eighth and Fourteenth Amendments violated where the presiding Chief Justice of a State Supreme Court declines to recuse himself in a capital case where he had personally approved the decision to pursue capital punishment against Petitioner in his prior capacity as elected District Attorney and continued to head the District… Read More

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State v. Jesse L. Herrmann, 2015 WI 84, 7/15/15, afffirming an unpublished per curiam court of appeals decision; case activity (including briefs) All seven justices agree Herrmann’s due process right to an impartial judge wasn’t violated in this case, as the sentencing judge’s remarks didn’t establish the judge was was objectively biased against Herrmann. Two… Read More

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On review of a per curiam unpublished court of appeals decision; case activity Issue (composed by On Point) Did the circuit court violate Jesse Herrmann’s due process right to an impartial judge by exhibiting objective bias in sentencing Herrmann? Herrmann was convicted of one count of homicide by intoxicated use of a vehicle, two counts of injury by intoxicated… Read More

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