State v. Nicholas W. Stern, 2016AP1534, District 3, 2/7/17 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court implicitly credited the testimony of a police officer that Stern was in the wrong lane of travel as he drove toward the officer, and therefore held the officer had reasonable suspicion to stop Stern… Read more
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Everyone once in awhile–sometimes around Groundhog Day–our former colleague emerges to post some entertaining comments about a significant development in the law. These remarks about a SCOTUSblog “petition of the day” filed in Ohio v. Hand, now pending, were cut and pasted from Bill’s Facebook page. Can a prior juvenile delinquency adjudication, obtained without affording the right to a… Read more
State v. William J. Drake, II, 2016AP724-CR, District 4, 2/2/17 (one-judge decision; ineligible for publication); case activity (including briefs) It may be that Drake’s lawyer could have done a better job of looking into and advising him about the possibility his Huber privileges would be revoked, but that doesn’t mean counsel was ineffective. Thus, Drake… Read more
We now know who Trump’s nominee for SCOTUS is, but what do we know about him–particularly his views on issues concerning indigent defense? On Point has gathered a few links to resources that help answer that question. Of course, SCOTUSblog has an excellent article on Gorsuch’s background. The New York Times offers any interesting visual… Read more
In case you missed Davorin Odrcic’s post regarding immigration enforcement on to WACDL’s listserv yesterday, he has authorized On Point to republish it here: Here is President Trump’s new executive order on immigration enforcement: The following brief summary and analysis should be of interest to WACDL members: 1. Enforcement priorities have been greatly expanded to… Read more
Professor Richard Leo has posted a lecture–soon to be a published research paper–titled “Police Interrogation, False Confessions and Child Abuse Cases” on SSRN. Click here for the lecture… Read more
State v. Brianna L. Flahavan, 2016AP1133-CR, 1/26/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs). Assumptions are dangerous things to make, and like all dangerous things to make–bombs, for instance, or strawberry shortcake–if you make even the tiniest mistake you can find yourself in terrible trouble.” —Lemony Snicket, The Austere Academy Brianna… Read more
State v. Elbe, 2016AP2012-2013, 1/26/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs) The Elbes were charged with disorderly conduct back in 1996. They requested the appointment of counsel, but the trial court found that they were not indigent. This caused them to plead no contest. Twenty years later they moved to… Read more
