On March 22, 2020, SCOW issued an order providing that effective immediately through May 22nd, all civil and criminal trials would be rescheduled to a date after May 22. It further ordered that circuit courts and parties could file an “EMERGENCY motion” seeking an exception to that order. Click here. When filing these motions, please… Read more
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Winnebago County v. C.S., 2020 WI 33, reversing a published court of appeals opinion; 4/10/20; case activity This is a BIG case for Chapter 51 lawyers! In a 4-3 opinion, SCOW held that when a court commits a prison inmate under Chapter 51, it cannot order involuntary medication without finding the inmate dangerous first. The… Read more
State v. Jason A. Marcotte, 2020 WI App 28; case activity (including briefs) After Marcotte was terminated from drug court and his probation revoked, he was sentenced by the same judge who’d presided over his case in drug court. Under the facts in this case, both the judge’s comments during drug court and his dual… Read more
State v. Larry Alexander Norton, 2019AP1796-CR, 4/14/20, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) In which the occupant of a legally parked car becomes the object of police scrutiny, for very little apparent reason, and all is found to be copacetic under the Fourth Amendment. Police responded to a report of… Read more
Waushara County DHS v. A.J.P., 2019AP2387, District 4, 4/13/20 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion by considering all the factors under § 48.426(3) when it decided to terminate A.J.P.’s parental rights. A.J.P. asserts the circuit court failed to consider three factors in particular—age and health of the… Read more
Yesterday, the Wisconsin Association of Criminal Defense Lawyers, the state ACLU, Disability Rights Wisconsin and two named inmate plaintiffs filed an original action in the state supreme court. The petition and its supporting appendix seek to compel the governor, corrections secretary, and parole board chair to exercise their powers to immediately decrease our state’s prison… Read more
Kansas v. Glover, USSC No. 18-556, 2020 WL 1668283, 4/6/20, reversing State v. Glover, 422 P.3d 64 (Kan. 2018); Scotusblog page (including links to briefs and commentary) In a self-described “narrow” decision, the Supreme Court holds that, in the absence of information negating the inference that the owner was driving, a police officer had reasonable… Read more
Zoom hearings are common now, but so are reports of security flaws in the platform. Plus Zoombombing (a troll crashing a meeting and bombarding it with pornography) has become a thing. Could this happen at a Zoom court hearing that is required by law to be confidential? Think Chapter 48, 51 and 55 hearings. This… Read more
