Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point) Did the evidence presented at Smith’s postconviction hearing establish reason to doubt that Smith was competent at the time of his trial and sentencing under the standard for retrospective determinations of competency established by State v. Johnson, 133 Wis… Read more
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Question presented: When a prisoner files more than one case or appeal in the federal courts in forma pauperis, does 28 U.S.C. § 1915(b)(2) cap the monthly exaction of filing fees at 20% of the prisoner’s monthly income regardless of the number of cases or appeals for which he owes filing fees? Lower court decision… Read more
State v. Andre M. Chamblis, 2015 WI 53, 6/12/15, reversing an unpublished per curiam decision of the court of appeals; opinion by Justice Crooks; case activity (including briefs) The supreme court unanimously holds that when the parties in an OWI prosecution are disputing the number of prior offenses, the circuit court can require the dispute to be… Read more
We can’t let June 15, 2015, go by without noting that it is the 800th anniversary of the signing of the Magna Carta. Want to know more? You’re in luck! No anniversary of significance (faux or otherwise) passes these days without a comprehensive website devoted to the event. Short of time? The New York Times offers a more… Read more
The U.S. bail system has received a lot of press this week. Click here for the NYT’s “When Bail is out of reach, other costs mount” and here for the Marshall Project’s “No bail, less hope: The death of Kalief Browder.” Those stories will make you cry. But John Oliver’s explanation of the American bail… Read more
On June 9th, Professor Jeff Fisher from Stanford’s Supreme Court Litigation Clinic led a day-long workshop for the State Public Defender’s Appellate Division at the law firm of Reinhart Boerner Van Deuren s.c. The workshop focused on strategies for obtaining and opposing review by the United States Supreme Court. Fisher clerked for Justice Stevens and… Read more
State v. Lance Donelle Butler, Jr., 2014AP1769-CR, District 1, 6/9/15 (not recommended for publication); case activity (including briefs) Using cell phone tower data provided by Butler’s cell phone service provider to make a map of where Butler had used his cell phone on the day of the crime didn’t require “scientific, technical, or other specialized knowledge” under… Read more
State v. Amelia A., 2015AP630 & 2015AP631, District 1, 6/9/15 (one-judge decision; ineligible for publication); case activity While the order extending the placement of Amelia’s children outside of her home did not specifically recite the conditions she needed to meet for the return of her children, the extension order specifically incorporated by reference the original CHIPS order, which did… Read more