Elijah Manuel v. City of Joliet, Illinois, USSC No. 14-9496, 2017WL1050976 (March 21, 2017), reversing and remanding Manuel v. Illinois, 590 FedAppx. 641 (7th Cir. 2015)(unpublished); SCOTUSblog page (including links to briefs and commentary) This decision is noteworthy for two reasons. First, it’s a reminder that when something goes very wrong in your client’s case… Read more
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Assuming that Neil Gorsuch is confirmed, you’ll want to know how he thinks about the 4th Amendment. He could prove to be your swing vote. SCOTUSbl0g offers an in-depth analysis of Gorsuch’s 4th Amendment jurisprudence here. While you’re at it, you might take a look at Gorsuch’s views on the First Amendment here… Read more
McKinley Kelly v. Richard Brown, 7th Circuit Court of Appeals No. 17-1244, 3/16/17 Two judges on the Seventh Circuit apparently think so, based on their rejection of Kelly’s motion to file a second federal habeas petition so he can challenge his sentence under Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life sentence for juvenile… Read more
State v. Bruce T. Henningfield, 2015AP1824-CR, 3/15/17 (not recommended for publication); case activity (including briefs) Bruce Henningfield was convicted by a jury of OWI and PAC counts, and was sentenced on the OWI as a tenth or subsequent offense. He raises three issues related to his prior convictions; the court rejects them all. Henningfield, outside… Read more
Review of an unpublished court of appeals decision; affirmed 4/10/18, case activity (including briefs) Issues (composed by On Point) Whether the safe transport statute, which permits transporting a handgun in a vehicle, forecloses convicting a non-permit-holder under the concealed carry law for having a handgun in his vehicle. Whether the safe transport statute’s apparent contradiction of the… Read more
County of Marathon v. Armin James Balzar, 2016AP1471, 3/14/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Balzar argues on appeal that the stop of his vehicle was not supported by reasonable suspicion because it was based on the “act of simply turning into a closed business parking lot, without more.” (¶8). The… Read more
State v. Roy A. Mitchell, Jr., 2016AP937-CR, 3/16/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Mitchell pled guilty to misdemeanor theft, resisting or obstructing an officer, and prostitution in exchange for the State’s agreement to dismiss charges for misdemeanor/battery, strangulation/suffocation, and felony theft. But when the State sought restitution for medical expenses… Read more
Jefferson County Human Serv. Dep’t v. V.B., 2016AP2468-2469, 3/16/17, District 4 (1-judge opinion; ineligible for publication); case activity The circuit court found that V.B.’s children were in continuing need of protective services and thus there it had grounds to terminate her parental rights pursuant to §48.415(2). On appeal,V.B. unsuccessfully challenged the evidence supporting the 3rd and… Read more
