State v. J.L.M., 2015AP1695, 4/19/16, District 1 (1-judge opinion, ineligible for publication); case activity
The State charged J.L.M. with one count of robbery with use of force, as a party to a crime, due to his alleged involvement with a group of youths who stole M.H.’s bike and struck him several times in the process. J.L.M. lost at trial and challenged the sufficiency of the evidence to support his conviction. [continue reading…]
Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity
The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted a “desire” and “determination” to participate in the proceeding. [continue reading…]
Welch v. United States, USSC No. 15-6418, 2016 WL 1551144 (April 18, 2016), vacating and remanding an unpublished order of the 11th Circuit; Scotusblog page (including links to briefs and commentary)
Associate Federal Defender Shelley Fite has kindly agreed to provide her take on the high court’s latest:
Federal defenders and procedure wonks naturally appreciate Welch v. United States, in which the (7–1) Supreme Court held that Johnson v. United States, 135 S. Ct. 2551 (2015), applies retroactively to cases on collateral review. But (read on!) the case does have some application for state practitioners—at least those who do post-conviction work.
Lawyers tracking how Wisconsin’s appellate courts are interpreting Wis. Stat. § 907.02(1), governing the admissibility of expert testimony, might be interested in this development. Seifert v. Balnik, the first Daubert case to reach SCOW was on track to be decided this term. It was twice listed for, and twice removed from, the oral argument schedule. According to the clerk’s office, SCOW has finished oral arguments for this term. The argument in Seifert has been pushed off to next term. [continue reading…]
State v. M.K., 2015AP2098, District 1, 4/19/16 (one-judge decision; ineligible for publication); case activity
While the second (and final) extension of M.K.’s original CHIPS dispositional order listed only one of the three conditions M.K. had to meet for return of her son, the original order and first extension listed all three, and that’s good enough in the eyes of the court of appeals to satisfy the requirements of § 48.356(2). [continue reading…]
State v. Gary F. Lemberger, 2015AP1452-CR, 4/14/2016, District 4 (one-judge decision; ineligible for publication), petition for review granted 10/11/2016, affirmed, 2017 WI 39; case activity (including briefs)
A breathalyzer test is a Fourth Amendment search, and state case law holds that the state may not invite a jury to view a defendant’s refusal to consent to a search as evidence of guilt. So, can a prosecutor argue that a defendant’s refusal to take a breathalyzer shows his guilt? Don’t look to this case for an answer. [continue reading…]
SCOW watchers might find today’s 3-3 split in Yasmine Clark v. American Cyanamid Company, 2014AP775 interesting. The appeal raises an important constitutional issue in the context of a lead paint products liability case. The court of appeals’ certification asks: [continue reading…]
Jefferson County Department of Human Services v. J.V., 2015AP2622, 2623, & 2624, 4/14/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
J.V. appeals the termination of her parental rights to her three younger children, arguing the circuit court erred in excluding evidence that she had succeeded in having her eldest child returned to her. [continue reading…]
