State v. Shawn T. Wiskerchen, 2016AP1541-CR, petition for review of an unpublished court of appeals opinion granted 3/14/18; affirmed 1/4/19; case activity (including briefs). Issue (composed by On Point): In State v. Queever, 2016 WI App 87, 372 Wis. 2d 388, 887 N.W.2d 912, the court of appeals required a defendant to pay restitution for a security system… Read more
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State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity Issues: 1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed… Read more
The latest edition of SCOWstats considers how our justices vote on 6th Amendment (fair trial) issues. Are Justice Rebecca Bradley and Justice Kelly more receptive to fair trial claims than the justices they replaced (Crooks and Prosser)? Click SCOWstats to find out… Read more
He’s “rolling out wild, unprecedented” policies per this Slate article. Wild ideas like not offering the testimony of police officers known to be dishonest, or considering the economic cost of prison time when making sentencing recommendations. He just issued a memo to his staff saying his policies “are an effort to end mass incarceration and bring balance… Read more
On February 28, 2018, the court of appeals ordered the publication of the following criminal law related decisions: State v. Marcos Rosas Villegas, 2018 WI App 9 (addressing guilty plea waiver rule and holding lawyers need not advice clients about DACA consequences of plea) State v. Mario Douglas, 2018 WI App 12 (inaccurate advice about… Read more
On March 5, 2018, the Supreme Court decided U.S. Bank N.A. v. Village at Lakeridge, USSC No. 15-1509, 2018 WL 1143822, a bankruptcy case that we note here solely because it addresses a narrow issue that can matter to appellate litigators, civil and criminal: What is the standard of appellate review of mixed questions of law and… Read more
Via this Scotusblog post, we learn the Law Library of Congress has made available digital versions of the U.S. Reports from the Founding Era onward to 2004, just in case you want to see a page image of some of your favorite Supreme Court decisions from those dusty old books lawyers used to have to consult. Terry… Read more
State v. Corey R. Fugere, 2018 WI App 24, affirmed, 2019 WI 33; case activity (including briefs) Because civil commitment is neither punishment nor a direct consequence of a guilty or no contest plea, a defendant entering an NGI plea does not have to be advised during the plea colloquy of the maximum term of… Read more
