by admin
on February 26, 2021
Sauk County v. S.A.M., 2019AP1033, petition for review granted 2/24/21; case activity
Issues for review:
1. Whether S.A.M.’s appeal from his recommitment is moot because it expired before S.A.M. filed his notice of appeal.
2. Whether the county failed to meet its burden of proving dangerousness by clear and convincing evidence.
3. Whether S.A.M. was denied procedural due process because the county failed to provide particularized notice of the basis for his recommitment. including which standard of dangerousness was being alleged.
4. Whether this court has the authority, through its “superintending and administrative authority over all courts” (Wis. Const. art. VII, § 3(1)) and/or its authority to “regulate pleading, practice, and procedure in judicial proceedings in all courts” (Wis. Stat. § 751.12(1)), to require the court of appeals to expedite the disposition of appeals under Wis. Stat. ch. 51, or in some other manner to ensure that appellants under Wis. Stat. ch. 51 receive an appeal that addresses the merits of the appellants’ contentions?*
[continue reading…]
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by admin
on February 26, 2021
Waukesha County v. E.J.W., 2020AP370, petition for review granted 2/26/21, reversed, 2021 WI 85; case activity
Issue for review:
Section 51.20(11) provides that the subject of a commitment proceeding must demand a jury trial 48 hours in advance of the time set for the final hearing. When the court adjourns the hearing for good cause to appoint new counsel, does that reset the 48 hours for demanding a jury trial? [continue reading…]
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by admin
on February 25, 2021
On February 24, 2021, the court of appeals ordered publication of the following criminal law related cases:
State v. C.G., 2021 WI App 11 (rejecting claim of First Amendment interest in legal name change sought by transgender person)
State v. Nhia Lee, 2021 WI App 12 (charges dismissed due to delay in appointing counsel)
State v. Todd N. Triebold, 2021 WI App 13 (nonresident can be convicted in Wisconsin for violating sex offender registration law)
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by admin
on February 25, 2021
State v. Decarlos K. Chambers, 2019AP411-CR, 2021 WI 13, 2/23/21, affirming a per curiam court of appeals opinion, case activity (including briefs)
SCOTUS recently held that when a client expressly asserts that he wants to maintain his innocence, defense counsel cannot override that objective and concede guilt. If counsel does, a structural error occurs, and the client automatically gets a new trial. McCoy v. Louisiana, 584 U.S. ___, 138 S. Ct. 1500 (2018). This appeal had the potential to clarify whether McCoy altered Wisconsin law on this subject. See our post on McCoy. Alas, this decision does not address Wisconsin law. Instead, SCOW unanimously affirms that defense counsel did not concede her client’s guilt. [continue reading…]
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by admin
on February 19, 2021
State v. Marshun Dante Jackson, 2019AP2091, 2/17/21, District 3 (not recommended for publication); case activity (including briefs)
Jackson pleaded to being part of a conspiracy to commit fraud (passing bad checks) against a bank in Dunn County. Then he was charged in St. Croix county with committing fraud against a bank there (initially this was also charged as a conspiracy, but ultimately he pleaded to the fraud itself as party to the crime). Both offenses occurred on the same date, and Jackson claims that the dual prosecutions violated both his constitutional right against double jeopardy and a statutory provision forbidding conviction of both conspiracy to commit a crime and the underlying crime itself. The court of appeals rejects both claims, holding that the conspiracy covered by the Dunn County charge didn’t encompass the acts in St. Croix County. [continue reading…]
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by admin
on February 19, 2021
State v. Michael A. Rakel, 2017AP2519, 2/17/21, District 1 (not recommended for publication); case activity (including briefs)
Michael Rakel was convicted of the 1st degree reckless homicide of Andre Taylor, who had a teenage daughter. Taylor was under a court order to pay child support to her. The court of appeals held that Rakel must now pay restitution in an amount equal to Taylor’s child support obligation. However, the record was unclear about whether the mother of Taylor’s daughter was eligible to receive the restitution payment for the daughter. The court of appeals remanded the case for further proceedings on that issue. [continue reading…]
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by admin
on February 18, 2021
State v. James A. Jones, 2021 WI App 15; case activity (including briefs)
Sometimes friends or relatives post bail so that a loved one charged with a crime can be released. This published decision holds that when charges are dismissed and read in at sentencing, and the court doesn’t order restitution on those charges, the bond money must be returned to the payors. This rule applies even to global plea deals where the defendant pleads “no contest” to and is ordered to pay restitution on some charges, but other charges are dismissed and read in without a restitution order. [continue reading…]
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by admin
on February 18, 2021
The Wisconsin State Bar has issued a new ethics opinion on working remotely, which we’ve all been doing to some degree during the pandemic. Practicing law from home or a location outside Wisconsin implicates several ethical duties–for example, the duty to maintain the confidentiality of client information and duty to supervise staff and junior lawyers. There’s also the issue of whether a Wisconsin lawyer may practice Wisconsin law from say California when s/he isn’t licensed in California. Click here to read the opinion.
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