by admin
on December 21, 2014
Our very own Mike Tobin reports on last Thursday’s big win on expunction in SCOW. See Mike’s article for the Collateral Consequences Resource Center here.
Will Chief Justice Abrahamson lose her job in 2015? Click here for more.
AAG gets bench slapped because appellate record literally emits foul stench. Click here.
Are plea bargains confessions? Brandon Garrett says “no”. Click here.
Brad Pitt deemed too handsome for jury duty! Click here.
Still chafing over the SCOTUS decision in Heien v. North Carolina? So is The Atlantic, which just published: “When Cops Don’t Know the Law” here.
“Framed by Forensics!” How do you get junk science thrown out of court? Find out here.
The “shrink the prisons” movement hasn’t moved the numbers, according to this new study.
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by admin
on December 21, 2014
Review of two court of appeals decisions (one published, one unpublished) that will be argued together. State v. Shata (case activity) and State v. Ortiz-Mondragon (case activity)
Issue in Shata (composed by On Point)
Whether the defendant, a foreign national, should be permitted to withdraw his guilty plea because his trial counsel failed to provide him with “complete and accurate” information about the deportation consequences of pleading guilty?
[continue reading…]
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by admin
on December 21, 2014
Court of appeals request for certification granted; case activity
Issue (per court of appeals certification)
Whether, under the circumstances of this case, a suffiency of the evidence challenge requires an appellate court to measure the evidence against the instructions the jury received, as the court did in State v. Wulff, 207 Wis. 2d 143, 557 N.W.2d 813 (1997), or instead against statutory requirements, as the court did in State v. Beamon, 2013 WI 47, 347 Wis. 2d 559, 830 N.W.2d 681.
For a full analysis of the issues, see our post re the certification here!
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by admin
on December 18, 2014
State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity
At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a certificate of discharge to the court. This alerts the clerk to expunge the record. No petition is necessary. And once a court grants expungement, and the young person performs as required, the court cannot reverse its decision.
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by admin
on December 18, 2014
State v. Aaron J. Fuchs, 2014AP1041-CR, District 4, 12/18/14 (1-judge decision; ineligible for publication); case activity
In assessing reasonable suspicion to detain Fuchs, police properly considered an allegation that Fuchs had been acting in “a violent and intoxicated” manner at a wedding reception before his contact with police; and based on all the circumstances, police had sufficient basis to administer a PBT.
[continue reading…]
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by admin
on December 18, 2014
State v. Geoffrey A. Herling, 2014AP565-CR, District 4, 12/18/14 (not recommended for publication); case activity
The circuit court did not err by requiring Herling to prove by clear and convincing evidence that he had amnesia that prevented him from mounting an adequate defense.
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by admin
on December 17, 2014
State v. Tahj E. Kitt, 2015 WI App 9; case activity
“When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2).
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by admin
on December 17, 2014
State v. Terrell D. Cobbs, 2014AP501-CR, District 2, 12/17/14 (1-judge decision; ineligible for publication); case activity
Police had reasonable suspicion to stop Cobbs and two companions and to conduct the pat-down search of Cobbs during which police discovered, opened, and searched Cobbs’ cigarette box, which contained marijuana.
[continue reading…]
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