Page 10 of 986
In complicated habeas appeal, 7th circuit affirms and holds that failure to preserve evidence does not entitle petitioner to relief
Karl W. Nichols v. Lance Wiersma, No. 22-3059, 7/16/24 In a complicated case that contains many harsh lessons about the standards applicable to habeas petitions, the Seventh Circuit affirms an order denying habeas relief as the exculpatory value of unpreserved evidence was not “apparent.”
July 26, 2024
SCOTUS Wrap-up
In addition to the SCOTUS cases to which we devoted individual posts (Smith v. Arizona, Erlinger v. U.S., U.S. v. Rahimi, Garland v. Cargill), below is a summary of criminal or criminal-adjacent cases decided by SCOTUS in the 2023-24 term that we consider of interest to criminal practice in Wisconsin state courts.
July 22, 2024
COA affirms denial of reverse waiver and motion for discovery prior to § 970.032(1) preliminary examination despite holding that juvenile defendants have a (limited) right to discovery
State v. Jayden Adams, 2023AP218-CR, 7/23/24, District 1 (recommended for publication); case activity Adams appealed a nonfinal order denying his motion for discovery prior to his Wis. Stat. § 970.032(1) preliminary examination and his motion for reverse waiver to juvenile court. Despite holding that juvenile defendants have a limited right to discovery before a prelim […]
- 2. Waiver and reverse waiver
- B. Discovery
- B. Delinquency proceedings
- 26. Juvenile proceedings
- 30. Pretrial proceedings
July 18, 2024
COA affirms circuit court’s order denying TPR defendant’s request for new counsel.
Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case.
July 17, 2024
Seventh Circuit cases for June
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 lying on firearm purchase paperwork under the Second Amendment.
July 15, 2024
7th Circuit denies habeas relief to Wisconsin prisoner claiming vindictive prosecution, IAC and a 6th amendment violation
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 […]
- B. Federal
- c. Default/waiver
- D. Ineffective Assistance
- 4. Litigating IAC
- 4. Procedure
- 8. Counsel, 6th Am.
- 13. Due Process
- R. Vindictiveness
- 22. Habeas corpus
July 12, 2024
HUGE Defense Win: SCOW overrules S.L.L. and reverses default judgment in Chapter 51 appeal
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.
- A. Ch. 51, Mental health
- a. Forfeiture of issues
- Defense wins!
- B. Opinions
- 2. Recommitment
- 3. Civil Commitments
- 4. Involuntary meds
- 6. Procedures/hearings/evidence
- 8. Appeals
- 2023-24 Term
- 45. WI Supreme Court
July 10, 2024
COA: Driver does not have right under implied consent statute to refuse blood test when driver proposes to take breath or urine test.
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.
- Refusal Hearing
- 2. Probable cause
- B. Search warrants
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- K. Standards of Review
- 13. Implied consent decision
- 35. Search & Seizure
- 46. WI Court of Appeals
July 9, 2024
Page 10 of 986
