Welch v. United States, USSC No. 15-6418, 2016 WL 1551144 (April 18, 2016), vacating and remanding an unpublished order of the 11th Circuit; Scotusblog page (including links to briefs and commentary) Associate Federal Defender Shelley Fite has kindly agreed to provide her take on the high court’s latest: Federal defenders and procedure wonks naturally appreciate Welch v. United… Read more
20. Guest Posts
Attention appellate practitioners: We are pleased to present this guest post by Andrea Cornwall, Regional Attorney Manager if the SPD’s Milwaukee Appellate Office, about the imminent change in the rules governing references to victims in appellate brief. You may have received some notification of Supreme Court Order 14-01 amending the rules of appellate procedure was entered in… Read more
Curtis J. Pidgeon v. Judy P. Smith, Warden, 7th Circuit Court of Appeals No. 14-3158, 5/13/15 In a federal habeas case, the Seventh Circuit has confirmed that the Machner hearing, like New Glarus beer and squeaky cheese curds, is a Wisconsin anomaly. State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979.) Special guest Shelley… Read more
After 33 years with the State Public Defender, Marla Stephens is retiring today. Wow what a career! Cheers to Marla! Kelli Thompson and Mike Tobin, Wisconsin State Public Defender Marla’s contributions to the agency and the profession will be greatly missed, especially her dedication to the SPD and our clients, her work ethic, her long tenure… Read more
“No! Don’t ask me how I am. You already know the answer. I’m fine. I’m always Fine!” Back in 2007, Judge Fine told De novo, the Appellate Practice Section’s newsletter: “I love every minute being on the court. It has been 19 years and yet it seems as if I joined the court just yesterday. It… Read more
State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the… Read more
State v. Rafeal Lyfold Myrick, 2014 WI 55, 7/10/14, affirming a published court of appeals decision; majority opinion by Justice Roggensack; case activity When does negotiation become agreement? In State v. Myrick, the Wisconsin Supreme Court’s resolution of this question was critical in determining whether the State could use incriminating statements that the defendant had made at a… Read more
State v. Martin P. O’Brien, State v. Kathleen M. O’Brien, and State v. Charles E. Butts, 2013 WI App 97. As briefly noted in a previous post, the Court of Appeals has upheld Wis. Stat. § 970.038, which makes hearsay admissible at preliminary hearings and allows bindover based solely on hearsay. On Point is pleased to present… Read more
