Brown County v. J.D.T., 2023AP2339, 7/23/24, District 3 (one-judge decision; ineligible for publication); case activity J.D.T. challenges the his commitment under ch. 51 (second and third standards). The COA concludes that the county presented sufficient evidence of dangerousness under the third standard, Wis. Stat. § 51.20(1)(a)2.c., and therefore does not address the second standard. Wis… Read more
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In the Wisconsin Lawyer, Retired Milwaukee County Circuit Court Judge Christopher R. Foley has an insightful piece titled “Left in the Dark: State v. A.G. & Burden of Proof in Involuntary TPR Dispositional Hearings.” The article contains an interesting analysis of the current state of the law, along with some arguments Judge Foley believes have… Read more
Karl W. Nichols v. Lance Wiersma, No. 22-3059, 7/16/24 In a complicated case that contains many harsh lessons about the standards applicable to habeas petitions, the Seventh Circuit affirms an order denying habeas relief as the exculpatory value of unpreserved evidence was not “apparent.” (Note that our prior post about COA’s decision can be found… Read more
In addition to the SCOTUS cases to which we devoted individual posts (Smith v. Arizona, Erlinger v. U.S., U.S. v. Rahimi, Garland v. Cargill), below is a summary of criminal or criminal-adjacent cases decided by SCOTUS in the 2023-24 term that we consider of interest to criminal practice in Wisconsin state courts. City of Grants… Read more
State v. Jayden Adams, 2023AP218-CR, 7/23/24, District 1 (recommended for publication); case activity Adams appealed a nonfinal order denying his motion for discovery prior to his Wis. Stat. § 970.032(1) preliminary examination and his motion for reverse waiver to juvenile court. Despite holding that juvenile defendants have a limited right to discovery before a prelim… Read more
Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case. The only issue raised by the appellant in this appeal from the circuit court’s order terminating his parental rights was whether the court erroneously exercised its… Read more
June brought several interesting criminal-law related cases, including two Fourth Amendment challenges involving THC in our changed legal landscape, a discussion of whether a crime forbidding the impersonation of police is unconstitutional, and a challenge to a conviction for lying on firearm purchase paperwork under the Second Amendment. United States of America v. Prentiss Jackson… Read more
Rodney Lass v. Jason Wells, 7th Circuit Court of Appeals No. 23-2880, 6/26/24 Lass was charged with multiple felony counts after his first trial on misdemeanor domestic abuse charges ended in a mistrial. During state postconviction and appeal proceedings, he raised claims of vindictive prosecution, ineffective assistance, and violation of his 6th amendment rights. The… Read more
