Many misdemeanor defendants don’t have lawyers. So when prosecutors are negotiating a plea deals with them do they have to ensure that the defendants have an opportunity to obtain counsel or reveal collateral consequences–like deportation or the loss of public services? There’s a new ABA ethics opinion on this topic. Read about it here… Read more
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Yes, federal legislation. You don’t see that very often. Yesterday Senator Kamala Harris introduced the EQUAL Defense Act to provide financial support for public defender systems across the county. Among other things, the proposed legislation aims to track and limit public defender workloads and create pay parity between public defenders and prosecutors within 5 years… Read more
Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the… Read more
State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs). Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So… Read more
In our ongoing effort to improve On Point, we have begun to edit the index of posts on our Archive page so that it is more user-friendly and easier for readers to find the elusive “Defense wins!” on specific issues. Chapter 51 is our guinea pig. Before, the Chapter 51 index on our Archive lumped… Read more
State v. Danny L. Waters, 2018AP1455, District 4, 5/2/19 (one-judge decision; ineligible for publication); case activity (including briefs) The argument Waters made at his refusal hearing wasn’t sufficiently clear to preserve the issue for appeal. Waters refused a blood test after being arrested for OWI in his home. He argues his license shouldn’t be revoked… Read more
E.M.K. v. Z.T.R., 2018AP1896, District 2, 5/1/19 (1-judge opinion, ineligible for publication); case activity That’s the upshot of this court of appeals decision. Before terminating a biological father’s parental rights, there must be a finding that he “failed to assume parental responsibility” under §48.415(6). But what if there is a dispute about whether he is actually… Read more
