by admin
on June 16, 2015
Steven Michael Leonard v. State of Wisconsin, 2015 WI App 57; case activity (including briefs) NOTE: This case’s analysis of whether DC is a misdemeanor crime of domestic violence is effectively overruled by Doubek v. Kaul, 2022 WI 31.
The court of appeals concludes that there’s no basis in the record for determining whether Leonard’s disorderly conduct conviction qualifies as a “misdemeanor crime of domestic violence” under the federal firearm prohibition, 18 U.S.C. § 922(g)(9), and therefore he is not barred from possessing a firearm under that statute. The court also holds that Leonard’s disorderly conduct “involv[ed] the use of” one of Leonard’s guns and therefore § 968.20(1m)(b) bars the return of that gun.
[continue reading…]
{ }
by admin
on June 16, 2015
Dunn County v. Dennis M., 2014AP2579, District 3, 6/16/15 (one-judge decision; ineligible for publication); case activity
Despite the fact Dennis M. can’t possess a firearm as a result of a prior involuntary commitment order, his appeal from that order is moot because he entered into a voluntary stipulation to recommitment that has expired and not been renewed.
[continue reading…]
{ }
by admin
on June 15, 2015
Review of an unpublished per curiam court of appeals decision; affirmed 2016 WI 10; case activity (including briefs)
Issue (composed by On Point)
Was a warrantless blood draw of a person suspected of having ingested heroin justified because, at the time of the search, State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), held that the dissipation of alcohol constituted a per se exigency that allowed a warrantless search, and police could reasonably extend Bohling‘s holding to a search for any drug? [continue reading…]
{ }
by admin
on June 15, 2015
Review of a published court of appeals decision; case activity (including briefs)
Issue (composed by On Point)
Did the evidence presented at Smith’s postconviction hearing establish reason to doubt that Smith was competent at the time of his trial and sentencing under the standard for retrospective determinations of competency established by State v. Johnson, 133 Wis. 2d 207, 395 N.W.2d 176 (1986)? [continue reading…]
{ }
by admin
on June 15, 2015
Question presented:
When a prisoner files more than one case or appeal in the federal courts in forma pauperis, does 28 U.S.C. § 1915(b)(2) cap the monthly exaction of filing fees at 20% of the prisoner’s monthly income regardless of the number of cases or appeals for which he owes filing fees? [continue reading…]
{ }
by admin
on June 14, 2015
State v. Andre M. Chamblis, 2015 WI 53, 6/12/15, reversing an unpublished per curiam decision of the court of appeals; opinion by Justice Crooks; case activity (including briefs)
The supreme court unanimously holds that when the parties in an OWI prosecution are disputing the number of prior offenses, the circuit court can require the dispute to be resolved before it accepts the defendant’s plea; it doesn’t have to wait till sentencing to determine the number of prior offenses. And even if the court errs in denying the state the chance to prove an additional prior OWI conviction at sentencing, it violates due process to allow the circuit court to resentence the defendant on the basis of the additional conviction if the additional conviction would increase the penalty that could be imposed.
[continue reading…]
{ }
by admin
on June 14, 2015
We can’t let June 15, 2015, go by without noting that it is the 800th anniversary of the signing of the Magna Carta. Want to know more? You’re in luck! No anniversary of significance (faux or otherwise) passes these days without a comprehensive website devoted to the event. Short of time? The New York Times offers a more succinct discussion (with a bonus pop quiz!). Or check out historian Jill Lepore’s very interesting essay about Magna Carta’s “unusual legacy in the United States.” (Not that it didn’t have an unusual legacy in Britain, as evidenced by Horace Rumpole’s reliance on the Great Charter to defend his right to the comfort of an occassional cheroot.) Happy anniversary, Magna Carta!
UPDATE: Lest we forget, we have our own hometown mural depicting King John’s submission. There’s more on the mural here; and the court system itself has articles on the mural and Magna Carta.
{ }
by admin
on June 12, 2015
The U.S. bail system has received a lot of press this week. Click here for the NYT’s “When Bail is out of reach, other costs mount” and here for the Marshall Project’s “No bail, less hope: The death of Kalief Browder.”
Those stories will make you cry. But John Oliver’s explanation of the American bail system will make you LOL! Click here. Rumor has it Milwaukee County judges are watching this video. Maybe you should too. 🙂
Why was Wisconsin’s crime lab manager fired last year? Click here for more.
In case you missed it, On Point posted links to Prof. Jeff fisher’s detailed lists of cutting-edge legal issues concerning the Confrontation Clause here and digital privacy here (complete with case cites). Fire up those trial court motions!
Lots of news reports on tension in SCOW this week. Click e.g. here.
Who is better at predicting SCOTUS decisions–humans or robots? Click here
Are you on Twitter? This Texas Supreme Justice is. Called the funniest judge on Twitter, he said “the bar is so low it’s practically subterranean.”
From The Onion: “Struggling Justice Alito sent down to lower court!” Click here.
For you techies, click here to read about one public interest law attorney’s mobile law practice.
{ }
