At its June 21 open rules conference the supreme court addressed pending Petition 17-06 regarding compensation for appointed attorneys. The state bar’s summary is here, while video of the conference is here, with the discussion beginning at about 15:20 into Part 1 of the session. You may want to enjoy this video while you can because it will be… Read more
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State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs) Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303. ¶14 Deputy Schiro knew that there had been an accident, that Reynolds smelled like alcohol, that he had… Read more
State v. Benjamin Schneller, 2016AP2474, 6/22/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Benjamin Schneller was arrested for OWI and refused to submit to a blood draw, so the police got a warrant and took the blood anyway. He argues on appeal that the warrant only authorized the police to draw… Read more
State v. Heather L. Steinhardt, 2017 WI 62, 6/21/17, affirming a per curiam court of appeals opinion; case activity (including briefs) Steinhardt led her 12 year old daughter to her bedroom so that her husband (the child’s step father) could have sex with her. In fact, Steinhardt sat on the bed while the assault occurred. The… Read more
State v. Lamont Donnell Sholar, 2016AP987, 6/20/17, District 1 (not recommended for publication), petition for review granted 10/17/17, affirmed, 2018 WI 53; case activity (including briefs) Sholar was charged with 5 counts of sex trafficking and 1 count of sexual assault. At trial, defense counsel allowed “Exhibit 79”–a 181-page report containing the contents of Sholar’s cell… Read more
State v. Tyshun DeMichael Young, 2016AP657-CR, 6/20/17, District 1; (not recommended for publication); case activity (including briefs) A jury convicted Young of attempted 1st-degree intentional homicide and 1st degree recklessly-endangering safety with use of a dangerous weapon. On appeal, he argued that the trial court should not have permitted the jury to hear evidence that… Read more
SCOTUS reinforces right to the assistance of a psychiatrist in preparing a defense to a capital case
McWilliams v. Dunn, USSC No. 16-5295, 2017 WL 2621324 (June 19, 2017), reversing McWilliams v. Dunn, 634 Fed.Appx. 698 (11th Cir. 2015); Scotusblog page (including links to briefs and commentary) A win for defendants in capital cases. Ake v. Oklahoma “clearly established” that when an indigent defendant demonstrates that his sanity at the time of the offense is… Read more
Charlotte Jenkins v. Percy Hutton, USSC No. 16-1116, 2017 WL 2621321 (June 19, 2017) (per curiam), reversing Hutton v. Mitchell, 839 F.3d 486 (2016)( 6th Cir. 2016); Scotusblog page (including links to briefs and commentary) Hutton filed a federal habeas petition challenging his death sentence on the grounds that the jury at the penalty phase of… Read more
