by admin
on March 9, 2017
State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs)
Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme court now unanimously upholds that denial, essentially because Talley did not show any meaningful change in his condition since his previous discharge trial (also in 2012).
[continue reading…]
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by admin
on March 9, 2017
State v. Randy Allen Lapp, 2016AP116-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs)
Randy Lapp’s ineffective assistance claims are numerous and diverse, and the court of appeals quickly disposes of them. To wit: [continue reading…]
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by admin
on March 9, 2017
You’re familiar with how the justices split on merits cases in SCOW. But do you know how they vote in lawyer disciplinary cases? Today’s edition of SCOWstats crunches the numbers.
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by admin
on March 8, 2017
State v. Diamond J. Arberry, 2017 WI App 26, petition for review granted 6/16/17, affirmed, 2018 WI 7 ; case activity (including briefs)
Because a circuit court must decide whether to grant expungement under § 973.015 “at the sentencing proceeding,” State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, the court doesn’t have authority to consider expungement when it asked to do so in a defendant’s postconviction motion. [continue reading…]
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by admin
on March 8, 2017
State v. T.L.J., 2016AP1395, District 2, 3/8/2017 (one-judge decision; ineligible for publication); case activity
The circuit court did not erroneously exercise its discretion in granting the state’s petition to waive T.L.J. into adult court to face charges of armed robbery and operating a motor vehicle without owner’s consent. [continue reading…]
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by admin
on March 8, 2017
State v. Randolph Arthur Mantie, 2015AP2443-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs)
As the court notes, the relevant events in this case took place at a “hard-to-describe intersection” so here’s a visual aid. [continue reading…]
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by admin
on March 8, 2017
Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page
Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s deliberations. SCOTUS has twice upheld such rules against constitutional challenge, while allowing that there could be certain cases in which refusing to permit such testimony would be too harmful to justice. The court now decides that the no-impeachment rule must give way to the Sixth Amendment right to an impartial jury where “a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant.” [continue reading…]
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by admin
on March 7, 2017
State v. Erika Lisette Gutierrez, 2014AP1983-CR, 3/7/2017 (not recommended for publication); case activity (including briefs)
Gutierrez pleaded guilty to intentional physical abuse of a trial and had a bench trial on her plea of not guilty by reason of mental disease or defect. She asserts she should be allowed to withdraw her guilty plea because the circuit court didn’t give the full § 971.08(1)(c) immigration warning and because her plea was premised on incorrect advice from her lawyer. The court of appeals disagrees. [continue reading…]
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