State v. Salinas, 2016 WI 44, 5/26/2016, reversing an unpublished per curiam court of appeals decision; case activity (including briefs)
In which our so-called law-developing court does not develop the law of joinder under § 971.12(1)—and even leaves it less clear than it used to be. [continue reading…]
State v. William J. Furlong, 2016AP445-FT, 5/26/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
William Furlong, arrested for OWI, initially consented to a blood draw but then decided that he wanted to talk to a lawyer first. (¶4). The officer noted a refusal, which Furlong appeals, arguing that the officer should have informed him that there was no right to counsel in connection with the blood draw. [continue reading…]
State v. Jason S. Witte, 2015AP795-CR, 5/26/16, District IV (one-judge decision; ineligible for publication); case activity (including briefs)
Witte, charged with OWI-4th, attacked a 2004 prior, alleging that did not have, and did not validly waive, counsel. The circuit court concluded that Witte’s affidavit and the documents from the 2004 proceeding did not make out a prima facie case that Witte was denied counsel, and the court of appeals now agrees. [continue reading…]
State v. L.C., 2016AP81, 5/25/16, District 2 (1-judge opinion; ineligible for publication; case activity
That sums up the court of appeals’ decision in this juvenile delinquency case. The State failed to timely provide the defense with a copy of L.C.’s recorded confession and a witness list before trial. The circuit court and court of appeals shrugged off these discovery violations. [continue reading…]
Milwaukee County v. C. L.-K., 2015AP2031, 5/24/2016, District 1 (one-judge decision; ineligible for publication); case activity
In State ex rel. Watts v. Combined Community Services Bd. of Milwaukee County, 122 Wis. 2d 65, 84, 362 N.W.2d 104 (1985), the state supreme court held that equal protection entitles a person protectively placed under Wis. Stat. ch. 55 to “annual” court review of the placement. The court of appeals (in a citable, but not controlling, decision) now holds that completing such a review more than 16 months after the original placement is good enough. [continue reading…]
State v. Moustakis, 2016 WI 42, 5/20/2016, affirming a published court of appeals decision, 2015 WI App 63, case activity (including briefs)
This decision may interest those who need to file an open records request concerning a district attorney. In this case, a newspaper asked the DOJ for records of complaints or investigations regarding the Vilas County District Attorney. The DA sought to enjoin the DOJ from releasing the records. [continue reading…]
State v. Stephen LeMere, 2016 WI 41, 05/12/2016, affirming an unpublished court of appeals decision, case activity (including briefs)
In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require defense counsel to advise a client that conviction for a pending charge of sexual assault could result in future commitment proceedings under chapter 980. The case could be appropriate for certiorari review in the U.S. Supreme Court regarding the scope of the right to counsel. [continue reading…]
Foster v. Chatman, USSC No. 14-8349, 2016 WL 2945233 (May 23, 2016); reversing an unpublished order of the Supreme Court of Georgia; Scotusblog page (includes links to briefs and commentary)
Timothy Foster, who is black, was convicted of murder and sentenced to death by an all-white jury. Long after his conviction, his attorneys obtained documents from the prosecutors’ files showing their heavy reliance on race in deciding which jurors to strike. Seven of the eight justices now side with Foster and reverse the state courts’ rejection of his habeas claim under Batson v. Kentucky, 476 U.S. 79 (1986). [continue reading…]
