Attorney Michael Cicchini, one of the authors of the studies Emmanuel Trammell cited in his challenge to Wis. JI–Criminal 140, has published a post about the supreme court’s decision on his blog, The Legal Watchdog. He focuses his attention on the court’s perfunctory brush-off of the studies (in a footnote, no less) and responds to the court point-by-point. You will want to read it if you are litigating the issue based on the Cicchini and White studies.
Mont v. United States, USSC No. 17-8995, June 3, 2019, affirming United States v. Mont, 723 Fed. Appx. 325 (6th Cir. 2018); Scotusblog page (includes links to briefs and commentary)
Under 18 U.S.C. § 3624(e), the period of supervised release imposed as part of a federal sentence is “tolled” during “any period the person is imprisoned in connection with a conviction for a crime….” In a decision of interest to federal practitioners, the Supreme Court holds that the period the person is imprisoned includes pretrial custody in a case that is later credited toward the sentence imposed for a new conviction.
Holguin-Hernandez v. United States, USSC No. 18-7739, cert granted 5/30/19
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant’s sentence.
State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication), petition for review granted, 9/3/19; case activity (including briefs)
Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings. The court of appeals holds that the pre-Miranda statement Green made was not the product of interrogation, so it’s admissible. As for the statements she made after the warnings, the court rejects her argument that she invoked her right to remain silent and so interrogation should have ceased. [continue reading…]
State v. Emmanuel Earl Trammell, 2019 WI 59, May 31, 2019, affirming an unpublished court of appeals decision; case activity (including briefs)
Trammell challenged Wis. JI—Criminal 140, Wisconsin’s standard instruction on the burden of proof in a criminal case, arguing it dilutes the state’s burden of proving guilt beyond a reasonable doubt. His primary challenge was to the directives that “[w]hile it is your duty to give the defendant the benefit of every reasonable doubt, you are not to search for doubt. You are to search for truth.” The court rejects Trammell’s arguments, though two concurring justices ask the Criminal Jury Instruction Committee to consider whether the instruction should be modified because it lacks an explanation of the quantum of proof required. [continue reading…]
State ex rel. Ezequiel Lopez Quintero v. Dittmann, 2019 WI 58, reversing and remanding a court of appeals memorandum opinion, case activity (including briefs)
Go Remington Center for the 5-2 win in SCOW! The court of appeals dismissed R.C.’s habeas petition ex parte because it did not allege why Lopez Quintero waited 9 years to file it in violation of State ex rel. Smalley v. Morgan, 211 Wis. 2d 795, 565 N.W.2d 805 (Ct. App. 1997). This overrules Smalley and holds that a habeas petitioner need not allege timeliness in his petition. [continue reading…]
State v. Frederick Ramsey, 2017AP1318-CR, 5/29/19, District 1 (not recommended for publication); case activity (including briefs)
Ramsey confessed to the stabbing death of A.T., but it turns out that the DNA under her fingernails belonged to a guy named Teague. Ramsey filed a motion to admit the DNA evidence and to argue that Teague killed A.T., pursuant to State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984). He lost, but then persuaded the court of appeals to grant an interlocutory appeal, and then won. Pretty impressive! [continue reading…]
On May 29, 2019, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Michael J. Scott, 2019 WI App 22 (the exclusionary rule applies to property forfeiture actions; but so does the good-faith exception)
State v. Mose B. Coffee, 2019 WI App 25 (OWI arrest automatically permits a search of the vehicle and all the containers within it)
