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HUGE Defense Win: 7th Circuit holds that SCOW’s decision is not entitled to AEDPA deference, calls Wisconsin’s treatment of petitioner a “travesty of justice” and grants writ
Robert J. Pope v. Je’Leslie Taylor, No. 23-2894, 5/6/24, affirming Pope v. Kemper, 21-CV-0346 (E.D. Wis. 9/1/23) In a refreshing defense win that cuts through the procedural weeds and directly attacks the unjust nature of Pope’s treatment by Wisconsin’s appellate courts, the Seventh Circuit wastes no time in affirming the district court’s grant of the […]
May 8, 2024
COA issues published decision interpreting 971.365(1)(b) and rejects arguments for plea withdrawal
State v. Cordiaral F. West, 2022AP2196, 5/1/24, District II (recommended for publication); case activity COA interprets a statute allowing aggregation of separate drug offenses into a single charge and holds that West is not entitled to plea withdrawal.
- 1. Principles of
- A. Plea agreements
- B. Construction
- B. Procedure and colloquy
- 2. Nelson/Bentley Motion
- B. Published opinions
- D. Plea withdrawal
- 4. Factual Basis
- e. Plain text
- 9. Crimes
- L. Ch. 961: Controlled Subst.
- 21. Guilty pleas
- Published 2024
- 39. Statutes
- 46. WI Court of Appeals
- Uncategorized
May 3, 2024
March and April 2024 Publication Orders
In March, the court of appeals ordered the publication of two criminal law related decisions. In April, the court ordered the publication of one such decision.
COA holds that evidence was sufficient for extension of underlying 2015 commitment order
Racine County v. P.Z., 2024AP146-FT, 5/1/24, District II (one-judge decision; ineligible for publication); case activity In a relatively straightforward appeal of a recommitment order, COA rejects P.Z.’s sufficiency challenges and affirms.
May 1, 2024
Defense Win! COA reverses $40,000 restitution order as sanction for state’s abandonment of appeal
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.”
- A. Right to appeal
- 1. Appeals
- C. Unpublished Opinions
- c. Defenses
- C. Briefs/Appendices
- 4. Argument
- D. Type of punishment
- 5. Forfeiture of appeal
- e. Failure to respond/reply
- e. Hearing
- f. Trial court authority
- 6. Restitution
- J. Sanctions on Appeal
- 36. Sentencing
- 46. WI Court of Appeals
April 30, 2024
Defense Win! Circuit court’s failure to “personally ascertain” factual basis for pleas entitles defendant to Bangert hearing
State v. Megan E. Zeien, 2023AP1787-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity If you’ve ever wondered whether you have a Bangert claim concerning a circuit court’s failure to “ascertain personally whether a factual basis exists to support [your client’s] plea,” this unpublished but citable decision is worth a read. Unfortunately, the […]
- A. Type pf PCM
- B. Procedure and colloquy
- 2. 809.30, direct appeal
- b. Evidentiary hearing
- C. Unpublished Opinions
- 4. Factual Basis
- 4. After sentencing
- D. Plea withdrawal
- 5. Withdrawal under 971.08(2)
- 11. Defense Wins
- 21. Guilty pleas
- 29. Postconv. Motions
- 46. WI Court of Appeals
April 29, 2024
Milwaukee Journal Sentinel asks: “Facing mostly white juries, are Milwaukee County defendants of color truly judged by their peers?”
We thought our readers might be interested in this in-depth report from the Milwaukee Journal Sentinel regarding the issue of obtaining diverse juries in Milwaukee County, with quotes from SPD’s Meera Al-Hanaey as well as Judges Danielle Shelton and Jonathan Richards.
April 28, 2024
In which SCOW reminds us NOT to write true-crime books about our clients
OLR v. Roger G. Merry, 2022AP35-D, 4/24/24, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity). Although the “true crime” genre remains as big as ever, SCOW reminds lawyers to exercise caution in this area when dealing with one’s own case.
April 26, 2024
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