This post by Alan Rozenshstein on Lawfare explains how “the U.S. is struggling with a ‘coronavirus trilemma”: It wants to protect lives, ease social isolation, and protect privacy and civil liberties but it can only do two of those at the same time… Read more
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United States v. Terrill A. Rickmon, 7th Circuit Court of Appeals No. 19-2054, 3/11/20 Police stopped a vehicle because it was emerging from the source of a ShotSpotter alert. The 7th Circuit holds that the totality of the circumstances gave the officer responding to the scene reasonable suspicion of criminal activity to justify the stop… Read more
This NACDL article just made the top 10 downloads in the criminal procedure e-journal: “Please Tweet Responsibly: The Social and Professional Ethics of Public Defenders Using Client Information in Social Media Advocacy.” Read it here. … Read more
Listen up, appellate lawyers! Late on April 2nd, SCOW issued another order adjusting appellate court operations due to the pandemic. The first order, issued March 17th, modified working hours for the court of appeals/supreme court clerk’s office and extended many appellate deadlines by 21 days. Here is the meat of the April 2nd order: IT… Read more
Two national papers are reporting an upside to “stay at home” orders. Read more about their investigations here. … Read more
On March 22, 2020, the supreme court issued an order temporarily suspending or continuing all jury trials scheduled to commence between March 22 and May 22, 2020. As a follow-up, on March 31 the supreme court issued a new order adopting an interim rule that suspends until further notice the following statutory deadlines for the conduct… Read more
Kahler v. Kansas, USSC No. 18-6135, 2020 WL 1325817, 3/23/20, affirming State v. Kahler, 410 P.3d 105 (Kan. 2018); Scotusblog page (including links to briefs and commentary) Kansas amended its insanity defense to limit to defendants whose mental illness prevents them from forming the required intent to commit a crime. A majority of the Supreme… Read more
Many thanks to Mike Tobin, retired Deputy State Public Defender and co-author of Wisconsin Criminal Practice and Procedure for today’s thoughtful and timely guest post: Two main resources are available to assist attorneys in preparing for hearings conducted by video or telephone: Section 885.50-885.64, Wis. Stats, setting forth both authority for and limitations on video court… Read more
