by admin
on June 21, 2018
State v. R.D.W., Sr., 2018AP351, 6/19/18, District 1, (1-judge opinion, ineligible for publication); case activity (including briefs)
There were only 3 black jurors among the 25 on the panel for the grounds trial in this TPR cases. The ADA used peremptory challenges to strike all of them. The ensuing Batson hearing concerned only one–Juror 2. As proof of non-discriminatory intent, the DA filed a copy of her NAACP membership card, showed her Coretta Scott King tattoo, and explained why she struck Juror 2. [continue reading…]
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by admin
on June 19, 2018
State v. Marquis Lakeith Pendelton, 2017AP2081-CR, 6/19/18, District 1, (1-judge opinion; ineligible for publication); case activity (including briefs)
A caller reported to police that 2 suspicious males had been looking into cars parked in a church lot at 1:30 a.m, at 68th and Silver Spring in Milwaukee and had just run away. An officer thought that the dispatcher said that one of the males was Black and wearing a dark hoodie. [continue reading…]
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by admin
on June 19, 2018
County of Milwaukee v. Ross J. Romenesko, 2017AP1042-1044, 6/19/18, District 1, (1-judge appeal, ineligible for publication); case activity (including briefs)
Romenesko prevailed below–the circuit court (1) suppressed a revised report relating to his blood sample, (2) precluded but one of its experts from testifying, and eventually (3) dismissed the the OWI 1st offense and operating with a PAC 1st offense charges against him as a sanction against the County. The court of appeals affirmed the suppression decision but reversed the other 2 decisions. [continue reading…]
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by admin
on June 19, 2018
State v. Theoris Raphel Stewart, 2018 WI App 41; case activity (including briefs)
Facing sentencing for failure to pay child support, Stewart forged some documents to support his argument for probation rather than a prison sentence. For his trouble he was charged with and convicted of identity theft under § 943.203(2). The court of appeals rejects his argument that his use of the forged documents did not violate that statute. [continue reading…]
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by admin
on June 19, 2018
State v. Laron Henry, 2017AP939-CR & 2017AP940-CR, District 1, 6/19/18 (not recommended for publication); case activity (including briefs)
Henry sought to withdraw his guilty pleas to three crimes. He claimed that with respect to one of the crimes, he didn’t “ratify” his guilty plea, he didn’t understand one of the elements of the crime, and there wasn’t a factual basis for the plea to the crime. The court of appeals rejects his claims. [continue reading…]
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by admin
on June 19, 2018
Tyson Timbs v. Indiana, USSC 17-1091, certiorari granted 6/18/18
Question presented:
Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment.
[continue reading…]
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by admin
on June 19, 2018
Gilberto Garza, Jr. v. Idaho, USSC No. 17-1026, certiorari granted 6/18/18
Question presented:
Does the “presumption of prejudice” recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant’s plea agreement included an appeal waiver?
[continue reading…]
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by admin
on June 18, 2018
Congratulations to ASPD Lee Todd and Prof. Stuart Banner of the UCLA School of Law Supreme Court Clinic. They collaborated on a petition for writ of certiorari in Bartelt v. Wisconsin, and SCOTUSblog has named it “Petition of the Day.” The question presented is: Whether a non-custodial interrogation at a police station becomes custodial once the defendant confesses to a serious crime because at that point a reasonable person would know that he is not free to leave. Fingers and toes crossed for the petitioner!
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