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