by admin
on October 29, 2015
State v. Joseph William Netzer, 2015AP213, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity
¶1 …. Netzer argues on appeal that he received ineffective assistance of counsel, was denied his constitutional right to a jury trial, and that the results of his blood tests were impermissibly admitted into evidence. We conclude that Netzer possessed no constitutional right to effective assistance of counsel in a civil proceeding, that the trial court properly exercised its discretion in denying Netzer’s motion to extend jury demand time limits, and that Netzer has failed to present a fully developed argument on and properly preserve his claims of improperly admitted evidence. Accordingly, we affirm the circuit court.
{ }
by admin
on October 29, 2015
Seriously! Read about Harvard’s ambitious “free the law” project in this New York Times article. By 2017, all case law from around the nation will be free and searchable using (allegedly) more sophisticated techniques than those offered by Westlaw and Lexis (and dare we add flops like Fastcase). This massive effort entails scanning 40 million pages of case law! Why is Harvard doing it? To improve access to justice.
{ }
by admin
on October 28, 2015
State v. One 2013 Toyota Corolla, 2015 WI App 84; case activity (including briefs)
While a co-owner’s interest in a car didn’t make her the owner for purposes of the “innocent owner” exception to property forfeiture under § 961.55(1)(d)2., forfeiture of her full financial interest violated the Eight Amendment’s prohibition against the levying of excessive fines. [continue reading…]
{ }
by admin
on October 28, 2015
Paysun Long v. Kim Butler, 7th Circuit Court of Appeals Case No. 13-3327, 10/27/15
Long is entitled to habeas relief because the prosecutor in his state murder trial failed to correct perjured testimony given by a state’s witness. [continue reading…]
{ }
by admin
on October 27, 2015
State v. Joshua Allan Vitek, 2015AP421-CR, District 3, 10/27/15 (one-judge decision; ineligible for publication); case activity (including briefs)
Under State v. Newer, 2007 WI App 236, 306 Wis. 2d 193, 742 N.W.2d 923, police may reasonably assume the driver of a car is likely to be the owner, and may stop the car if they know the owner’s operating privileges are invalid. But what if more than one person owns the car, but only one of the owners has an invalid license? The state claims that a traffic stop is still justified by the fact that one of the owners has an invalid license. The court of appeals disagrees, at least when—as in this case—the state presents no evidence as to the number of registered owners and the validity of their operating privileges. [continue reading…]
{ }
by admin
on October 27, 2015
State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity
K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination. [continue reading…]
{ }
by admin
on October 25, 2015
Is there a new Fourth Amendment “plane” view doctrine in the offing? Eugene Volokh highlights a state high court decision invalidating a helicopter flyover search that kicked up dust and damaged the home. Already on the horizon: smaller, cleaner, and ever more available drones (including the weaponized ones).
Speaking of the Fourth Amendment, data from North Carolina, which collects the most detailed information about traffic stops, documents a wide racial divide in policing.
A pound of flesh—or in an Alabama courtroom, a pint of blood. And: On the subject of costs and fees, the FCC does something about the exorbitant cost of inmate phone calls. More here and here.
Lies, damned lies, and statistics: Texas discovers its probability statistics for cases involving mixed DNA are outdated, prompting review of hundreds of cases. More here.
Dogs: Not just for alerting on drugs anymore. An Ohio court of appeals decision rejects a defendant’s claim that his right to a fair trial was violated when the trial court erred by allowing the victim in a child sexual assault case to testify while a companion/therapy dog named Avery II rested at her feet.
It turns out it’s not just criminal defendants who try to illegally import drugs.
And speaking of drugs, here’s some free ethical advice: Don’t adamantly deny your client is using drugs and then, after the court orders a drug test, buy your client “detox” shampoo to avoid a positive result. News article here; disciplinary decision here.
{ }
by admin
on October 22, 2015
State v. B.A.H., 2015AP1256-FT, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity
While restitution is a possible disposition in a proceeding involving a juvenile in need of protection or services (JIPS), it can only be ordered when there has been a finding a finding the juvenile committed a delinquent act. Because there was no such finding in the JIPS case involving B.A.H., the juvenile court had no authority to order restitution. [continue reading…]
{ }
