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Appellate lawyers, this one’s for you! According to a new article in Stanford Law Review, there are 4 types of ineffective assistance of counsel claims, and Strickland‘s two-part test applies to only one (that’s right one) of them. Read this article and help our courts put Strickland in its proper place… Read more

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Quite possibly, yes. Learn more in this new article by a couple of Harvard professors… Read more

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COA: evidence sufficient for ch. 51 extension

La Crosse County v. J.M.A., 2018AP1258, 11/21/19, District 4 (one-judge decision; ineligible for publication); case activity J.M.A. appeals his recommitment under ch. 51. He argues the psychiatrist who was the sole witness at his trial provided only conclusory testimony on dangerousness; the court of appeals disagrees. But first, and odd detour into waiver and standing… Read more

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November 2019 publication list

On November 20, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Keith H. Shoeder, 2019 WI App 60 (a riding lawn mower is a “motor vehicle for purposes of the OWI statute) State v. Larry W. Olson, 2019 WI App 61 (the 72-hour filing deadline for… Read more

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Lawyer, lawyer pants on fire!

Here is a story about a lawyer whose pants ignited during his closing argument at a criminal arson trial. He rushed from the courtroom to extinguish the flames and denied that he had staged a stunt. He faces possible discipline… Read more

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The 5th Amendment is an invincible shield against takings claims but not against self-incrimination and double jeopardy claims.  And, of course, the justices political leanings influence their positions. Click SCOWstats for the justice-by-justice analysis… Read more

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See The Atlantic‘s new article, “The Repurposing of the American Jail” here… Read more

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State v. Z.J., 2019AP1623-1626, District 1, 11/19/19, (1-judge opinion, ineligible for publication); case activity All TPRs are sad. But this one really highlights the Catch 22 that poverty can create for a parent. Z.J., mother of 4, was struggling with drug and alcohol abuse. The State sought to terminate her parental rights for these and… Read more

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