by admin
on December 16, 2016
State v. Shannon Olance Hendricks, 2015AP2429-CR, 12/15/2016, District 1/4 (not recommended for publication), petition for review granted 5/15/17, affirmed, 2018 WI 15 ; case activity (including briefs)
A defendant pleading to a sexual assault involving sexual contact (as opposed to sexual intercourse) is required to understand the meaning of “sexual contact.” If he or she does not, he or she is entitled to plea withdrawal. State v. Jipson, 2003 WI App 222, ¶9, 267 Wis. 2d 467, 671 N.W.2d 18. Here, the court of appeals holds that a defendant pleading to child enticement with a purpose to engage in a sexual assault by “sexual contact” need not understand the meaning of this phrase. [continue reading…]
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by admin
on December 15, 2016
Lee v. United States, USSC No. 16-327, cert. granted 12/14/16
Question presented (based on the cert. petition):
To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his attorney must show “a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 (1985). Under this standard, is it always irrational for a noncitizen defendant with longtime legal resident status and extended family and business ties to the United States to reject a plea offer despite strong evidence of guilt because the plea would result in mandatory deportation or permanent exclusion?
[continue reading…]
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by admin
on December 15, 2016
Turner v. United States, USSC No. 15-1503, and Overton v. United States, USSC No. 15-1504, cert. granted, consolidated for argument and decision, 12/14/16
Question presented (as formulated by SCOTUS)
Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963).
[continue reading…]
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by admin
on December 15, 2016
Foley & Lardner has examined the extraordinary turn over in Wisconsin’s court of appeals judges over the last 10 years. When Judge Higgenbotham retires, only 2 courts of appeals judges will have more than 10 years experience. Click here for Foley’s post. Looks like 6 of the 16 court of appeals’ judges (including Judge Dugan, Judge Curley’s replacement) were appointed by our current governor.
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by admin
on December 15, 2016
State v. David Robert Brown, 2016AP83-CR, 12/14/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
David Brown was arrested for OWI; the breathalyzer that he took about two hours later showed a .11 BAC. At trial he adduced expert testimony that, given what Brown told the expert he had drunk and when, his BAC would have been .078, just below the legal limit, at the time he was driving. He objects on due process grounds to the court’s instructing the jury, in accord with Wis JI-Criminal 2669, that it could find he was driving under the influence on the basis of the BAC reading alone. [continue reading…]
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by admin
on December 15, 2016
Orin Kerr has been tracking cases about the 5th Amendment limits of forced decryption on his blog, the Volokh Conspiracy. An important case on this issue has been argued and awaits a decision in the 3rd Circuit. Meanwhile, yesterday Kerr blogged about State v. Stahl, a new Florida cases that he thinks got the analysis right. Read Kerr’s post here.
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by admin
on December 14, 2016
State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)
David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of the trial court’s discretionary decisions. [continue reading…]
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by admin
on December 14, 2016
E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity
E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care. Krueger, E.C.’s daughter, filed a Ch. 54 guardianship proceeding. The issue in this case is whether Chapter 54 can trump a person’s advance planning. [continue reading…]
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