by admin
on January 22, 2021
State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs)
A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum term of confinement (for felonies under Truth-in-Sentencing II, § 971.17(1)(b)) or two-thirds the maximum term of imprisonment (for misdemeanors or pre-TIS II felonies, § 971.17(1)(a) and (d)). The court of appeals holds that if a defendant is found NGI for more than one offense, the maximum term of commitment is determined by adding together the maximum terms on each offense, as if they were consecutive. [continue reading…]
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by admin
on January 15, 2021
State v. General Grant Wilson, 2018AP183-CR, 1/12/21, District 1 (not recommended for publication); case activity (including briefs)
This marks the 3rd time the court of appeals has addressed Wilson’s case. In this appeal, the sole question is whether trial counsel provided ineffective assistance of counsel. The circuit court found deficient performance but not prejudice. Two judges, White and Blanchard affirm. Brash filed an 18-page dissent arguing that the cumulative effect of several deficiencies warrants a new trial. [continue reading…]
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by admin
on January 15, 2021
Click here to read Orrin Kerr’s analysis of a recent 4th Amendment case from the 5th Circuit. The government properly obtained a warrant to search for text, messages, call logs, and contacts on a cell phone, but not for evidence in the form of photos. Those were suppressed and the conviction overturned. Kerr argues that the 5th Circuit reached the right result for the wrong reason.
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by admin
on January 15, 2021
Just sharing a nice post from Above the Law about RBG.
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by admin
on January 14, 2021
Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page
Question presented:
Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or public reputation of the trial.
[continue reading…]
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by admin
on January 14, 2021
United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page
Question presented:
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
[continue reading…]
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by admin
on January 14, 2021
United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page
Question presented:
Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction.
[continue reading…]
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by admin
on January 11, 2021
State v. Leevan Roundtree, 2012 WI 1, 1/7/21, affirming a per curiam court of appeals opinion, 2018AP594-CR; case activity (including briefs)
In 2003, Roundtree was convicted of multiple felony counts of failure to pay child support. Twelve years later, police executed a search warrant at his home and found a firearm and ammunition under his mattress. He pled guilty to one count of felon in possession. On appeal, he argued that §941.29(2)(2013-2014), which barred him from possessing a firearm, is unconstitutional as applied to his case. The statute has no time limit and draws no distinction between serious or violent felonies versus less serious felonies like failure to pay child support. In a 5-2 decision SCOW upheld the statute. [continue reading…]
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