State v. Octavia W. Dodson, 2022 WI 5, 2018AP1476, 1/26/22, affirming an unpublished per curiam court of appeals decision; case activity (including briefs) Dodson pleaded guilty to second-degree homicide. He’d shot and killed Freeman, who he (apparently erroneously) believed had earlier rear-ended his car. Dodson had pursued Freeman’s car and Freeman pulled over. Dodson said… Read more
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State v. O.G., 2021AP1642-CR, 1/25/22, District 1 (1-judge opinion; ineligible for publication; case activity O.G. appealed a juvenile court order waiving him into adult court. He argued that the judge was objectively biased and requested a new waiver hearing before a different judge. His appendix included 3 affidavits alleging that during a break in the… Read more
SCOWstats.com’s latest post looks at which justices joined or didn’t join other justices’ separate opinions from the 2016-17 term through the 2020-21 term. Sure, liberal justices usually joined the other liberals. Ditto for the conservatives. But this data point might come as a surprise: While Kelly joined separate opinions by Roggensack or Ziegler over 80%… Read more
State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as … Read more
Many agree on the need for criminal justice reform for drug crimes. This new paper, forthcoming in the Cardozo Law Review, argues that reform is also needed for child pornography crimes–especially when it comes to sentencing. Might be worth skimming for ideas before heading into your next sentencing hearing… Read more
The U.S. Commission on Civil rights just released a report called “The Civil Rights Implications of Cash Bail.” Among other things, it finds that Blacks and Latinx people have higher rates of pre-trial detention and more than 60% of detainees are unable to afford bail. This creates a host of problems for the detainees like… Read more
Outagamie County v. D.D.G., 2021AP511, District 3, 1/20/22, (1-judge opinion, ineligible for publication); case activity “Dana” has been under commitment since 2017. It is undisputed that she has taken her medication and has done nothing dangerous in the interim. Yet the court of appeals affirmed her 2021 recommitment because she questions her diagnosis and her… Read more
Shoop v. Twyford, USSC No. 21-511, cert granted 1/14/22; SCOTUSblog page (containing links to briefs and commentary) Questions presented: 1. 28 U.S.C. §2241(c) allows federal courts to issue a writ of habeas corpus ordering the transportation of a state prisoner only when necessary to bring the inmate into court to testify or for trial. May… Read more
