United States v. Palomar-Santiago, USSC No. 20-437, May 24, 2021, reversing and remanding 813 Fed. Appx. 282 (9th Cir. 2020); Scotusblog page (including links to briefs and commentary) Under 8 U.S.C. §1326(d), a person removed from the U.S. for a criminal conviction and then charged with illegally reentering the country may collaterally attack the removal… Read more
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Edwards v. Vannoy, USSC No. 19-5807, 141 S.Ct. 1547 (May 17, 2021), affirming 2019 WL 8643258 (5th Cir. May 20, 2019) (denying certificate of appealability); Scotusblog page (including links to briefs and commentary) This decision alters the long-standing doctrine for deciding whether new rules of criminal procedure established by a decision of the Supreme Court… Read more
State v. Billy Joe Cannon, 2019AP2296-CR, District 1, 5/25/21 (not recommended for publication; case activity (including briefs) In 2009, the State charged Cannon with conspiracy to deliver cocaine on Nov. 10, 2005. In 2011, a jury acquitted him. Six weeks later, the State filed new charges alleging that Cannon conspired to deliver cocaine on March… Read more
State v. Alijouwon T. Watkins, 2019AP1996-CR, 5/27/21, District 4 (recommended for publication); case activity (including briefs) The state charged Watkins with several crimes stemming from a domestic violence call: these included escape and battery to one of the police officers who arrested him. While Watkins was in jail, the state charged him with three more… Read more
State v. Nhia Lee, 2019AP221-CR, petition for review granted 5/19/21; case activity (including briefs) Issues: Whether a circuit court is required to appoint counsel at the county’s expense when the SPD is unable to do so within 10 days of the defendant’s initial appearance? Whether Lee’s rights to due process, to counsel, and to a… Read more
Eau claire County v. J.M.P., 2020AP2014, 5/25/21, District 3 (1-judge opinion, ineligible for publication); case activity Last term, SCOW ordered circuit courts deciding recommitment cases to make specific factual findings referencing the standard of dangerousness that supported a person’s recommitment. See Langlade County v. D.J.W., 2020 WI 41, ¶3, 391 Wis. 2d 231, 942 N.W.2d… Read more
It’s been a rough year in the Wisconsin Supreme Court. Due to the pandemic and the election, SCOW addressed a record number of original actions. That may partly explain the low number of opinions that will be decided this term. Still to be released in the next 6 weeks or so–23 opinions including 10 opinions… Read more
Caniglia v. Strom, USSC No. 20-157, 2021 WL 1951784 , May 17, 2021; Scotusblog page (including links to briefs and commentary) In four quick pages, a unanimous Supreme Court rejects the notion that the police have a “caretaking” duty that “creates a standalone doctrine that justifies warrantless searches and seizures in the home.” This undoes… Read more
