June brought several interesting criminal-law related cases, including two Fourth Amendment challenges involving THC in our changed legal landscape, a discussion of whether a crime forbidding the impersonation of police is unconstitutional, and a challenge to a conviction for filing out firearm purchase paperwork under the Second Amendment.
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Rodney Lass v. Jason Wells, 7th Circuit Court of Appeals No. 23-2880, 6/26/24
Lass was charged with multiple felony counts after his first trial on misdemeanor domestic abuse charges ended in a mistrial. During state postconviction and appeal proceedings, he raised claims of vindictive prosecution, ineffective assistance, and violation of his 6th amendment rights. The 7th Circuit denied relief as to Lass’s IAC and 6th amendment claims as procedurally defaulted, and rejects the vindictive prosecution claim because the Wisconsin courts already considered and reasonably rejected Lass’s same “fact-based arguments.” [continue reading…]
Waukesha County v. M.A.C., 2024 WI 30, 7/5/24, reversing an unpublished court of appeals decision; case activity (including briefs)
In a big defense win, 6 justices agree that M.A.C. is entitled to relief, with four justices joining together to dismantle SCOW’s prior decision in S.L.L. with respect to notice and default judgment in Chapter 51 proceedings.
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City of Mequon v. Schumacher, 2023AP2411, 7/3/24, District II (one-judge decision; ineligible for publication); case activity
COA determines person suspected of driving under the influence does not have right under implied consent statute, Wis. Stat. § 343.305, to refuse blood test if the person offers to take a breath or urine test instead.
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State v. M.A.C., 2023AP1281 & 1282, 7/2/24, District I (one-judge decision; ineligible for publication); case activity
The COA holds that the facts do not establish that “Molly’s” nonappearance at a status hearing in her CHIPS cases was egregious or in bad faith.
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State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.
Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs)
SCOW finds injunction against abortion clinic protestor violated First Amendment.
Smith v. Arizona, USSC No. 22-899, 6/21/2024, vacating and remanding Arizona v. Smith, No. 1CA-CR 21-0451 (Ariz. Ct. App. 2022) (unreported); Scotusblog page (with links to briefs and commentary)
SCOTUS unanimously holds that expert witness testimony restating an absent lab analyst’s factual assertions to support his or her own opinion is hearsay. However, the Court declined to address the second part of the Confrontation Clause test, whether the underlying evidence was testimonial, as the issue was undeveloped in this case.
