by admin
on March 21, 2019
Kansas v. Garcia, USSC No. 17-834, certiorari granted 3/18/19
Questions presented:
1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications
2. Whether IRCA impliedly preempts Kansas’s prosecution of respondents.
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by admin
on March 21, 2019
Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19
Question presented:
Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? [continue reading…]
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by admin
on March 21, 2019
Evangelisto Ramos v. Louisiana, USSC No. 18-5924, certiorari granted 3/18/19, Reversed 4/20/20
Question presented:
Whether the Fourteenth Amendment fully incorporates the Sixth Amendment
guarantee of a unanimous verdict?
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by admin
on March 20, 2019
State v. Joseph B. Reinwand, 2019 WI 25, 3/19/19, on certification from the court of appeals; case activity (including briefs)
The Confrontation Clause ordinarily bars the admission of testimonial statements of a witness if the witness does not appear at trial to testify and be cross-examined. But under the “forfeiture by wrongdoing” doctrine, a witness’s testimonial statements may be admitted if the witness does appear to testify as a the result of wrongdoing by the defendant. The supreme court accepted the court of appeals’ certification of this case to address the scope of forfeiture doctrine, but as it happens the decision doesn’t address the doctrine because it determines the statements at issue are not testimonial and therefore do not implicate the Confrontation Clause.
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by admin
on March 20, 2019
State v. Michael A. Keister, 2019 WI 26, 3/19/19, reversing a court of appeals order dismissing the appeal and vacating a circuit court order; case activity (including briefs)
The statute providing for grants to set up treatment courts, § 165.95, does not create a fundamental liberty interest for defendants to participate in treatment court and does not itself need to define the procedures for expulsion from treatment court. [continue reading…]
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by admin
on March 20, 2019
State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs)
State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court holds that rule is inconsistent with cases holding that an inmate who is mistakenly released from custody continues to serve his or her sentence, and so is entitled to credit for the time he or she was at liberty. [continue reading…]
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by admin
on March 19, 2019
State v. Marshawn Terell Johnson, 2017AP2445-CR, District 3, 3/19/19 (not recommended for publication); case activity (including briefs)
In sentencing Johnson for possession of heroin with intent to delivery, the circuit court remarked that he’d traveled to Superior from Chicago to commit his crime. The sentencing court’s consideration of that fact did not violate the Privileges and Immunities Clause of the U. S. Constitution. [continue reading…]
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by admin
on March 19, 2019
State v. Harvey A. Talley, 2018AP786-CR, 2018AP787-CR, & 2018AP788-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs)
Talley, who was convicted of first degree sexual assault causing pregnancy in violation of § 940.225(1)(a), argues trial counsel was ineffective for failing to elicit testimony from A.D., the complainant, the reasons why she initially falsely alleged Talley had forcible, nonconsensual sex with her. The court of appeals holds trial counsel’s strategy in questioning A.D. was reasonable. [continue reading…]
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