Such a popular topic! a new paper, by Jordan Hyatt of Drexel University, and Steven Chanenson of Villanova University School of Law, surveys judges and stakeholders across the nation. Read it here.
Click here to The Sentencing Project’s new report, “Still Life: America’s Increasing Use of Life and Long-term Sentences.”
State v. Jason Napiwocki, 2016AP1264-CR, 5/4/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court didn’t erroneously exercise its discretion when it issued a final restitution order that adopted the findings of fact and conclusions of law of the court commissioner who conducted the restitution hearing. [continue reading…]
State v. Eugene B. Santiago, 2016AP1267, District 2, 5/3/17 (not recommended for publication); case activity (including state’s brief)
Santiago’s trial lawyer missed a charging error that led to an overstatement of the penalties Santiago faced; this failure doesn’t allow Santiago to withdraw his plea, however, because he fails to sufficiently allege that he would not have entered a plea if his lawyer had caught the mistake. [continue reading…]
Dear On Point fans: We just moved all On Point subscriptions to a new service called Mailchimp. If all went according to plan, you received an email blast from Mailchimp on the morning of May 3rd. If you did NOT receive that email blast, check your junk mail. If it’s not there, go to the sidebar of On Point‘s home page and press “Get Updates.”
Why the switch? We have more than 1,700 subscribers. Some are staff. Some are private attorneys. Some are neither. The change should allow us to reach all email subscribers with one blast. More importantly, it should allow YOU to subscribe, unsubscribe or change your subscription all by yourself.
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State v. J.L.C., 2017AP197, 5/2/17, District 1 (1-judge opinion, ineligible for publication); case activity
J.L.C. argued that the circuit court erroneously terminated his parental rights to his son, K.C., because J.L.C. moved to Arizona, not because J.L.C. failed to provide a safe environment. [continue reading…]
Tamara M. Loertscher v. Eloise Anderson, et al., No. 14-cv-870-jdp (W.D. Wis. April 28, 2017)
Under § 48.193, which was created by 1997 Wisconsin Act 292, a juvenile court may treat an unborn child of any gestational age as a child in need of protection or services if the “expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, [poses] a substantial risk” of harm to the unborn child. A federal judge has ruled the statute is void for vagueness. [continue reading…]
State v. Jack M. Suriano, 2017 WI 42, affirming an unpublished court of appeals opinion, 2015AP959-CR; case activity (including posts)
In Wisconsin, a defendant can lose his or her right to counsel in two ways: waiver and forfeiture. Waiver is voluntary and requires a colloquy with the defendant. Forfeiture does not.
Three different attorneys accepted State Public Defender (SPD) appointments to represent Jack Suriano. Each, in quick succession, withdrew from representation. After granting the third attorney’s motion to withdraw, the court found that Suriano had forfeited his right to counsel. [continue reading…]
