On December 18, 2019, the court of appeals ordered publication of the following criminal law related cases: State v. Brian L. Halverson, 2019 WI App 66 (incarceration is no longer custody per se under Miranda) State v. Jeffrey L. Ionescu, 2019 WI App 68 (“warm” pursuit is as good as “hot” pursuit, at least in… Read more
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State v. Robert James Pope, Jr., 2019 WI 106, affirming an unpublished court of appeals opinion; case activity (including briefs) In the most absurd decision this term (still time for worse), SCOW has denied a defendant sentenced to life without parole both a direct appeal and a new trial because the court system destroyed all… Read more
Wood County v. Trevor J. Krizan, 2019AP350, 12/12/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) A sheriff’s deputy on patrol at 2:00 a.m. happened by a parking lot for a boat landing. The lot was open to the public 24 hours a day, and he saw a vehicle parked, not running… Read more
Normally we report on that cert petitions that SCOTUS grants, not the ones that it denies. But this is an interesting case. The City of Boise Idaho tried to regulate camping and sleeping in public places. The 9th Circuit held that the enforcement of such laws constitute cruel and unusual punishment prohibited by the 8th… Read more
You know the grim statistics. an estimated 65% of people in U.S. prisons and jails have a diagnosable substance use disorder and about 15% of men and 30% of women have mental health disorders. According to this new paper by Leo Beletsky at Northeastern University School of Law, correctional facilities’ efforts to address these conditions… Read more
So argues Premal Dharia in this new article on Salon.com. Yay for ending cash bail, increasing diversion programs, and dropping prosecution of minor cases. But these changes won’t have nearly as much impact on the nation’s indigent defense crisis as simply adequately funding public defenders… Read more
State v. Kevin L. Nash, 2018AP731-CR, petition for review of a per curiam opinion granted 12/10/19, case activity (including briefs) Issue presented: When accepting a guilty plea under Alford v. North Carolina, 400 U.S. 25 (1970), a circuit court may find there is a factual basis for the plea only if there is “strong proof… Read more
State v. Ryan M. Muth, 2019AP875-CR, petition for review of per curiam opinion granted 12/11/19; case activity (including briefs) Issues presented (based on petition and cross-petition for review): Wisconsin’s marital property statutes provide that income accrued during marriage belongs to both spouses. Wisconsin’s restitution statute permits crime victims to recover “income lost” from the “filing of charges or… Read more
