Walker v. Pollard, 18C0147, Eastern District of Wisconsin, 9/4/19 Montgomery Walker is a pro se habeas petitioner who alleges that his postconviction/appellate counsel should have raised a claim of juror bias. In an order granting Walker an evidentiary hearing, the U.S. District Court holds that our supreme court was wrong, in State v. Starks, 2013… Read more
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State v. Amy Joan Zahurones, 2019 WI App 57; case activity (including briefs) Zahurones was charged with several drug-related counts along with resisting an officer and physical abuse of a child. All the counts arose out of a single encounter with the police. She ultimately pleaded to four counts. On three of those counts she… Read more
Waukesha County v. J.K., 2018AP616-NM, 9/3/19 (unpublished order); case activity The court of appeals can be pretty aggressive about dismissing Chapter 51 appeals for mootness. This time SCOW slapped its hand. J.K.’s lawyer filed a no-merit notice of appeal. Before appointed counsel could file a no-merit report, and before J.K. could respond to any such… Read more
SCOTUS has some very important criminal law cases on its docket for this term. They involve “crimmigration,” juvenile life without parole, and the 4th Amendment, among many other issues. Read SCOTUSblog’s preview of the 2019-2020 term thus far here… Read more
SCOWstats just updated its data on the number of women lawyers arguing to SCOW. Looks like overall the percentage of arguments delivered by women has dipped (or, in the case of private firms, dropped). Only the State Public Defender consistently has more women than men arguing to SCOW. You go, girls! :-)… Read more
State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a… Read more
Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues: Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is… Read more
State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state… Read more
