If you find fractured SCOW decisions (you know, the kind where no opinion commands 4 votes) really irritating, today’s edition of SCOWstats won’t calm you down. As you’ve probably sensed they’re on the rise even though SCOW is composed of 5 conservatives and 2 liberals. Update: Today’s decision by SCOW won’t calm you down either. See AllEnergy Corporation… Read more
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SCOW’s recent decision in State v. Jeffrey Denny, which restricted the availability of postconviction DNA testing in Wisconsin, was a real heart-breaker. Essentially, SCOW held that to get state-funded DNA testing the defendant has to prove the results would conclusively remove him from the scene of the crime. In a decision the EvidenceProf Blog calls a… Read more
Juan Esquivel-Quintana v. Jefferson B. Sessions, USSC No. 16-54, 2017 WL 2322840 (May 30, 2017), reversing Esquivel-Quintana v. Lynch, 810 F.3d 1019 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A non-citizen convicted of an “aggravated felony” is subject to virtually automatic deportation. 8 U.S.C. § 1227(a)(2)(A)(iii). One of the crimes listed as an… Read more
State v. William A. Wisth, 2016AP1481-CR, 5/24/17, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) After Wisth, acting pro se, and the State picked a jury for his criminal case, the judge instructed the jurors “not to discuss the case with anyone.” The next day before trial, Wisch appeared by the public entrance to the courthouse with… Read more
State v. Scot Alan Krueger, 2016AP2438-CR, 5/25/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erred in holding Krueger failed to make a prima facie showing that he didn’t validly waive the right to counsel in a prior OWI conviction. To collaterally attack a prior OWI conviction that is being used… Read more
State v. Shaun R. Ezrow, 2016AP1611-CR, 5/25/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The cost a business incurred in enhancing its security system after an employee stole money was a proper item of restitution under § 973.20. Ezrow, a manager and bartender at a restaurant, was convicted of theft from… Read more
Bill Tyroler, On Point’s original writer, has kept a low profile since he retired. But lucky for us he can’t contain himself regarding SCOW’s decision in State v. Howes and court of appeals recent certification in State v. Gerald Smith. He says SCOW’s Howes opinion allows defense counsel to argue that exigent circumstances are required for… Read more
Crawford County v. E.K., 2016AP2063, 5/18/17, District 4 (1-judge opinion, ineligible for publication); case activity This case presents multiple SCOW-worthy issues. One is an interesting constitutional dilemma. The County sought to extend E.K.’s commitment and involuntary medication order and, as evidence, offered threatening emails that E.K. had allegedly sent. Defense counsel objected because the emails had not… Read more
