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SCOTUS tempers pro-gun 2nd Amendment precedent; holds States may disarm a citizen who poses “a clear threat of physical violence to another”
United States of America v. Rahimi, USSC No. 22-915, 6/21/2024, reversing United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023); Scotusblog page (with links to briefs and commentary) In a much-anticipated Second Amendment decision, SCOTUS tries to clarify its turbulent precedent regarding firearm restrictions and offers a limited holding upholding a federal statute disarming […]
June 24, 2024
Defense Win! Advancement in PTSD treatment is a “new factor” for sentence modification
State v. Robert M. Schueller, 2023AP1755-CR, 6/20/24, District IV (recommended for publication); case activity In a decision recommended for publication, the court of appeals holds that advances in PTSD treatment constitute a new factor, where the sentencing court expressly relied on its understanding that Schueller’s PTSD was uncurable in determining his risk to the public and […]
- 1. Appeals
- A. Type pf PCM
- b. Sentence modification
- B. Published opinions
- 4. 973.19, sentence mod.
- 7. Common law PCMs
- K. Standards of Review
- 11. Defense Wins
- 18. Postconviction decisions
- 29. Postconv. Motions
- Published 2024
- 46. WI Court of Appeals
June 23, 2024
COA affirms refusal based on delayed and equivocal consent
Village of Butler v. Brandon J. Hernandez, 2023AP1707, 6/19/24, District II (one-judge appeal; ineligible for publication); case activity Hernandez challenges the circuit court’s finding that he improperly refused to submit to a OWI blood draw, arguing that he consented. The court of appeals rejects his argument, concluding that the circuit court’s finding was not clearly […]
- Refusal Hearing
- B. Chs. 343-346: Traffic offense
- C. Unpublished Opinions
- 4. Procedure
- 9. Crimes
- 46. WI Court of Appeals
June 21, 2024
Defense Wins in SCOW: Community Caretaking does not allow police to continue seizure after purpose for stop is resolved. Concurring opinion questions community caretaking analysis in light of SCOTUS decision.
State v. Michael Gene Wiskowski, 2024 WI 23, 6/18/24, reversing and remanding an unpublished court of appeals decision; case activity (including briefs) Community caretaking does not allow police to continue seizure after officer resolves purpose for stop unless reasonable suspicion or probable cause developed. Three justices question continuing validity of Wisconsin’s community caretaking precedent in […]
- 1. Stops, in general
- 2. Traffic stops
- b. Stop found unlawful
- C. Warrant unnecessary
- 4. Community caretaker
- G. Reasonable suspicion
- 11. Defense Wins
- 35. Search & Seizure
- Uncategorized
June 20, 2024
SCOTUS: ATF exceeded statutory authority by defining “machinegun” to include bump stocks.
Garland v. Cargill, USSC No. 22-976, June 14, 2024, affirming Cargill v. Garland , 57 F.4th 447 (5th Cir. 2023) (en banc); Scotusblog page (with links to briefs and commentary) ATF exceeded authority when it defined “machinegun” to include bump stocks.
June 18, 2024
Defense Wins: COA reverses commitment order
St. Croix County v. B.T.C., 2023AP2085, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In the second decision this week reversing a circuit court’s commitment order under Chapter 51, the COA concludes that respondent telling a police officer that he would “bring the chief to justice” not sufficient to establish the respondent is […]
- 1. Original commitment
- Defense wins!
- Defense wins!
- 1. Appeals
- A. Ch. 51, Mental health
- b. Harm to others
- 3. Civil Commitments
- f. 51.20(1)(a)2. Dangerousness
- g. Unpublished Caselaw
- K. Standards of Review
- 28. Weight of authority
June 13, 2024
COA holds that circuit court properly concluded defendant did not establish existence of medication-induced amnesia
State v. Reynaldo Rosalez, 2022AP1929-CR, 6/11/24, District I (not recommended for publication); case activity In a case illustrating the stringent standard of review used to assess findings of fact, COA dispatches with Rosalez’s claim that his lawyer failed to discuss a defense related to his alleged medication-induced amnesia.
Defense Win! COA reverses recommitment order
Marathon County v. N.R.P., 2023AP638, 6/11/24, District III (one-judge decision; ineligible for publication); case activity In yet another Chapter 51 reversal, COA finds fault with both the circuit court’s decision to admit and rely on hearsay evidence and its failure to make the required findings.
- 1. Appeals
- Defense wins!
- A. Ch. 51, Mental health
- 2. Recommitment
- c. Not moot
- 3. Civil Commitments
- C. Unpublished Opinions
- 6. Procedures/hearings/evidence
- 8. Discretionary decision
- 8. Appeals
- 10. Evidentiary decisions
- K. Standards of Review
- 46. WI Court of Appeals
June 12, 2024
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