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State v. Bruce C. Brenizer, 2015AP2181, District 3, 6/6/17 (not recommended for publication); case activity (including select briefs) The Department of Health Services didn’t have authority to transfer Brenizer to the Department of Corrections because the circuit court’s commitment order unambiguously states that Brenizer is committed to DHS custody for life unless his custody is terminated… Read more

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Question presented: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. Lower court opinion: United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); USSC Docket; Scotusblog page This is a… Read more

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Terry Michael Honeycutt v. United States, USSC No. 16-142, 2017 WL 2407468 (June 5, 2017), reversing United States v. Honeycutt, 816 F.3d 362 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A federal statute—21 U.S.C. § 853—mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly… Read more

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The 9th Circuit, en banc, just issued a blockbuster 6-5 decision in United States v. Sanchez-Gomez, Appeal No. 13-50562.  Routine shackling of defendants in the courtroom violates the 5th Amendment. It doesn’t matter whether there is a jury present or not. The trial court must make an individualized finding of dangerousness. Judge Kozinski, author of the… Read more

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State v. David Earl Harris, Jr., 2016AP548-CR, 5/31/17, District 1 (unpublished); case activity (including briefs) The state charged Harris with heinous conduct giving rise to false imprisonment, sexual assault, and strangulation charges. At trial, the DA introduced a copy of a TRO that pre-dated the criminal complaint but mirrored the facts that it alleged. Defense… Read more

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State v. Sara Ann Ponfil, 2016AP2059-CR, 5/31/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) A police officer discovered cocaine after he detained Ponfil, who, as the officer approached, got out of one of two vehicles parked next to each other outside a bar. The court of appeals concludes that, considered together, the bar’s status as… Read more

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State v. Paul A. Adams, 2016AP1149, 5/31/17, District 2 (1-judge opinion, ineligible for publication); case activity Adams, an inmate, objected to the garnishment of his prison wages to pay fines and forfeitures assessed in various traffic and OWI cases. The court of appeals rejected all of his claims because Adams, the moving party, bore the… Read more

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The Confrontation Blog predicts this issue is SCOTUS-worthy. Click here and preserve the issue in your client’s case… Read more

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