Betterman v. Montana, USSC No. 14-1457 (May 19, 2016), affirming State v. Betterman, 342 P.3d 971 (Mont. 2015); SCOTUSblog page (includes links to briefs and commentary)
Brandon Betterman pled guilty to bail jumping, and then spent 14 months in jail before he was finally sentenced. He appealed, contending that the lengthy delay violated his Sixth Amendment right to a speedy trial. The Montana Supreme Court determined that the Sixth Amendment does not guarantee a speedy sentencing, and SCOTUS now agrees. [continue reading…]
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State v. Mario Martinez Redmond, 2015AP657-2015AP658-CR, 5/17/16, District 1 (not recommended for publication); case activity (including briefs)
Redmond was charged and convicted of battery, disorderly conduct, and multiple counts of witness intimidation. His appeal raised various ineffective assistance of counsel and other claims. But the most interesting issue concerns Redmond’s failed motion to suppress a cryptic text message sent from his phone. [continue reading…]
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State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs)
The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team left, Kilgore was not in custody for Miranda purposes. Thus, the statements he made to police while they searched his home were admissible despite the lack of a Miranda warning. [continue reading…]
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Walworth County v. James E. Robinson, Jr., 2015AP2504-FT, 5/18/16, District 2 (one-judge decision; ineligible for publication); case activity (including memo briefs)
The County needed to prove Robinson drove his motor vehicle on a highway while under the influence of a drug to a degree which rendered him incapable of safely driving, § 346.63(1)(a). It succeeded. [continue reading…]
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State v. Arturo Luiz-Lorenzo, 2015AP1540-CR, 5/18/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
Police discovered cocaine on Luiz-Lorenzo as a result of his arrest; he challenges the grounds for the initial Terry stop. [continue reading…]
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State v. Michael W. Bryzek, 2016 WI App 48; case activity (including briefs)
Bryzek had already completed most of his alleged acts when a 2010 statute broadened the definition of theft by a bailee; the court of appeals agrees with the circuit court that the jury should have been instructed on the narrower element. [continue reading…]
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United States v. Randy Johnson, 7th Circuit Court of Appeals No. 15-1366, 5/17/16
Taking Whren v. United States, 517 U.S. 806 (1996), to its logical extreme, the Seventh Circuit holds that detaining the passengers in a car parked too close to a crosswalk was reasonable under the Fourth Amendment. [continue reading…]
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Village of Somerset v. Mark J. Hoffman, 2015AP140, District 3, 5/17/16 (not recommended for publication); case activity (including briefs)
Viewed through the interpretive prism mandated by § 66.0409(6), a local ordinance prohibiting “wander[ing] or stroll[ing] in an aimless manner” that is “not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons” isn’t violated by a person walking around with a loaded semi-automatic rifle slung over his shoulder and a loaded handgun in a holster on his hip. [continue reading…]
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