That’s the title of this new publication by the Legislative Reference Bureau. The publication discusses the impact on Wisconsin of the U.S. Supreme Court’s decision in McGirt v. Oklahoma, USSC No. 18-9256 (U.S. July 9, 2020). On Point didn’t cover the decision when it was released, but Scotusblog did, and its commentary (available here) characterized the… Read more
admin
From the DHS press release: Beginning October 24, 2020, Medicaid members that are incarcerated will have their health care benefits suspended and then re-evaluated before they are released from jail or prison. Previously, Medicaid members who became incarcerated had their coverage terminated, which then often delayed their access to medical and behavioral health care following their… Read more
Orin Kerr writes about the Supreme Court’s increasing use of subjective rather than objective tests in Fourth Amendment cases, here. And commentary and discussion about court proceedings during and after Covid-19 continue to appear. For instance: The Pandemic Juror, by Melanie Wilson at University of Tennessee Unmuted: Solutions to Safeguard Constitutional Rights in Virtual Courtrooms… Read more
Village of Lomira v. Phillip N. Benninghoff, 2020AP31, District 4, 10/15/20 (one-judge decision; ineligible for publication); case activity (including briefs) Benninghoff tries to raise a bevy of challenges to the implied consent law and to the revocation of his driving privileges for refusing a blood draw. His challenges are forfeited because he failed to file… Read more
Racine County DHS v. W.L.J., 2020AP197-198, October 14, 2020, District 2 (1-judge opinion, ineligible for publication); case activity Good news for defense lawyers in TPR cases. The court of appeals means business. This is the third time in less than a year that it has reversed a termination of parental rights order due to a… Read more
According to this fact sheet on disparities in youth justice, Wisconsin has made significant efforts to reduce youth arrest and incarceration rates. Sounds good until you drill down to see that in Wisconsin the disparities between Black and white youths in the justice system is greater than in every other state of the country except… Read more
State v. Michael J. Pierquet, 2009AP2099-Cr, 10/14/20, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs) A jury convicted Pierquet of operating a motor vehicle with a Prohibited Alcohol Content. He argued that the circuit court erred in admitting the results of his blood test and in giving them prima facie effect because… Read more
State v. C.A.A., 2020AP1194, District 1, 10/13/20 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate C.A.A.’s parental rights, the case manager handling the CHIPS case pertaining to C.A.A.’s child testified that, in her opinion, C.A.A. would not likely satisfy the conditions of return under the CHIPS order within… Read more
