Adoptions of Wisconsin, Inc. v. N.R.K., 2019AP1726, 12/27/19, District 3 (one-judge decision; ineligible for publication); case activity Here the court of appeals upholds the termination of a biological father’s parental rights, concluding that he failed to assume parental responsibility. The infant’s birth mother (“Kristin”) had agreed to voluntary termination of her own rights but had… Read more
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Pennsylvania, like Wisconsin, has a statute permitting the prosecution at a drunk-driving trial to introduce evidence that a defendant refused a requested blood draw. Do such statutes comply with the Fourth Amendment where the defendant refused a warrantless blood draw and no constitutional exception applied? For an argument that they don’t, see the cert petition… Read more
According to a cert petition that SCOTUSblog has named a “petition of the week,” courts are split on this issue. See the question presented below. This petition is pending (not granted). We’ll keep you posted on its status. In Padilla v. Kentucky, 559 U.S. 356 (2010) and Lee v. United States, 137 S. Ct. 1958… Read more
State v. N.M.A.-S., 2018AP2308-09, 12/17/19, District 1 (1-judge opinion, ineligible for publication); case activity This TPR case involves a mom with a substance abuse problem and her daughter who had ingested morphine. At the trial on grounds, defense counsel asked the jury pool: “Is there anyone that believes that someone who is struggling with an addiction… Read more
On December 18, 2019, the court of appeals ordered publication of the following criminal law related cases: State v. Brian L. Halverson, 2019 WI App 66 (incarceration is no longer custody per se under Miranda) State v. Jeffrey L. Ionescu, 2019 WI App 68 (“warm” pursuit is as good as “hot” pursuit, at least in… Read more
State v. Robert James Pope, Jr., 2019 WI 106, affirming an unpublished court of appeals opinion; case activity (including briefs) In the most absurd decision this term (still time for worse), SCOW has denied a defendant sentenced to life without parole both a direct appeal and a new trial because the court system destroyed all… Read more
Wood County v. Trevor J. Krizan, 2019AP350, 12/12/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy on patrol at 2:00 a.m. happened by a parking lot for a boat landing. The lot was open to the public 24 hours a day, and he saw a vehicle parked, not running… Read more
Normally we report on that cert petitions that SCOTUS grants, not the ones that it denies. But this is an interesting case. The City of Boise Idaho tried to regulate camping and sleeping in public places. The 9th Circuit held that the enforcement of such laws constitute cruel and unusual punishment prohibited by the 8th… Read more
