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
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You know the grim statistics. an estimated 65% of people in U.S. prisons and jails have a diagnosable substance use disorder and about 15% of men and 30% of women have mental health disorders. According to this new paper by Leo Beletsky at Northeastern University School of Law, correctional facilities’ efforts to address these conditions… Read more
So argues Premal Dharia in this new article on Salon.com. Yay for ending cash bail, increasing diversion programs, and dropping prosecution of minor cases. But these changes won’t have nearly as much impact on the nation’s indigent defense crisis as simply adequately funding public defenders… Read more
State v. Kevin L. Nash, 2018AP731-CR, petition for review of a per curiam opinion granted 12/10/19, case activity (including briefs) Issue presented: When accepting a guilty plea under Alford v. North Carolina, 400 U.S. 25 (1970), a circuit court may find there is a factual basis for the plea only if there is “strong proof… Read more
State v. Ryan M. Muth, 2019AP875-CR, petition for review of per curiam opinion granted 12/11/19; case activity (including briefs) Issues presented (based on petition and cross-petition for review): Wisconsin’s marital property statutes provide that income accrued during marriage belongs to both spouses. Wisconsin’s restitution statute permits crime victims to recover “income lost” from the “filing of charges or… Read more
State v. Alfonso Lorenzo Brooks, 2018AP1774, review of a per curiam decision granted 12/10/2019; reversed 6/25/20; case activity (including briefs) Issue presented: Whether the community caretaker exception permits law enforcement to inventory and tow a vehicle after discovering that the driver does not have a valid license, when the vehicle is lawfully parked and not obstructing… Read more
In case you missed it, the Wisconsin Justice Initiative and the American Constitution Society have a “pot page” showing the number of cannabis cases each Wisconsin County prosecuted in 2019 and the race of the defendants. Spoiler alert: African Americans comprise 7% of Wisconsin’s population but 21% of defendants in cannabis cases.See the Dec. 3rd… Read more
Actually, the DA argued: “My job is to show the truth. On the other hand, the defense attorneys’ jobs are to manipulate the truth. Their job is to shroud the truth. Their job is [to] confuse jurors. Their job is to do whatever they have to—without regard for the truth—to get a not guilty verdict.” The… Read more
