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State v. Donald P. Coughlin, 2019AP1876-CR, 2022 WI 43, reversing an unpublished court of appeals opinion; case activity (including briefs) How should an appellate court measure the sufficiency of the evidence to support a jury verdict where the instructions and the special verdict define the crime differently? In a 5-1 opinion, the majority held, based… Read more

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State v. Smolarek, 6/16/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Smolarek was involved in a motorcycle accident. After allegedly admitting that he had smoked marijuana much earlier that day, an officer arrested him. A blood test showed that he had been driving under the influence of THC. Smolarek moved to… Read more

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Then listen to yesterday’s WPR interview with ACLU staff attorney Tim Muth about the continued horrible conditions there. They have severe staffing shortages–a 40% shortage of guards, 50% shortage of teachers, and 67% shortage of social workers.  Youth are spending 20 or 21 hours per day in their cells. Wasn’t Lincoln Hills supposed to be… Read more

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Last week SCOTUS issued Kemp v. United States construing Federal Rule of Civil Procedure 60(b)(1). That rule allows a party to seek relief based on “mistake, inadvertence, surprise or excusable neglect” within one year of the date on which a judgment becomes final. Wisconsin’s analog is §806.07.  The issue in Kemp was whether the term… Read more

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State v. Kimberly L. Howell, 2021AP1865-CR, 6/8/22, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) Howell served as guardian for five children, four of whom were her grandkids. The fifth, 11 year old S.G., has special needs.  Howell pled no contest to child neglect and domestic abuse due to her mistreatment of… Read more

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SCOW’s 2021-2022 term isn’t over yet, so this data point could change quickly. Still, SCOWstats presents an interesting snapshot of 4-3 decisions today… Read more

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One for the habeas nerds

Brown v. Davenport, USSC No. 20-826, 4/21/2022, reversing Davenport v. MacLaren, 964 F.3d 448 (6th Cir. 2020); Scotusblog page (including links to briefs and commentary) What’s the standard of review for a federal habeas court considering whether a state court has properly found a constitutional error harmless? Well, actually, now a habeas petitioner must satisfy… Read more

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State v. Evan J. Schnoll, 2021AP1119-CR, 4/28/22; District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) In 2020, Schnoll was charged with OWI 2nd. He challenged the validity of his prior OWI, which occurred in California, arguing that it could not be counted under Wisconsin law. The circuit court rejected his argument and… Read more

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