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The study is called “Testifying while black: An experimental study of court reporter accuracy in the transcription of African American English.” The certified court reporters in the study were able to record African American English with 82.9 % accuracy. In 31% of the 2,241 transcriptions analyzed the errors changed the content of the speaker was… Read more

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State v. Javien Cajujuan Pegeese, 2019 WI 60, 5/31/19, review of an unpublished court of appeals decision; case activity (including briefs) Pegeese pleaded guilty to a robbery and received probation. He later sought plea withdrawal, asserting the circuit court’s colloquy had been deficient because it didn’t inform him of the constitutional rights he was waiving… Read more

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More on Trammell and JI-140

Attorney Michael Cicchini, one of the authors of the studies Emmanuel Trammell cited in his challenge to Wis. JI–Criminal 140, has published a post about the supreme court’s decision on his blog, The Legal Watchdog. He focuses his attention on the court’s perfunctory brush-off of the studies (in a footnote, no less) and responds to the… Read more

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Mont v. United States, USSC No. 17-8995, June 3, 2019, affirming United States v. Mont, 723 Fed. Appx. 325 (6th Cir. 2018); Scotusblog page (includes links to briefs and commentary) Under 18 U.S.C. § 3624(e), the period of supervised release imposed as part of a federal sentence is “tolled” during “any period the person is imprisoned in connection… Read more

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Holguin-Hernandez v. United States, USSC No. 18-7739, cert granted 5/30/19 Question presented: Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant’s sentence. USSC docket; SCOTUSblog page (including links to briefs and commentary) In the 5th Circuit, counsel must object to the sentence after… Read more

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State v. Ulanda M. Green, 2018AP1350-CR, District 1, 5/29/19 (not recommended for publication), petition for review granted, 9/3/19; case activity (including briefs) Green sought to suppress incriminating statements she made to police both before and after being given the Miranda warnings. The court of appeals holds that the pre-Miranda statement Green made was not the product… Read more

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SCOW rejects challenges to JI-140

State v. Emmanuel Earl Trammell, 2019 WI 59, May 31, 2019, affirming an unpublished court of appeals decision; case activity (including briefs) Trammell challenged Wis. JI—Criminal 140, Wisconsin’s standard instruction on the burden of proof in a criminal case, arguing it dilutes the state’s burden of proving guilt beyond a reasonable doubt. His primary challenge was… Read more

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State ex rel. Ezequiel Lopez Quintero v. Dittmann, 2019 WI 58, reversing and remanding a court of appeals memorandum opinion, case activity (including briefs) Go Remington Center for the 5-2 win in SCOW! The court of appeals dismissed R.C.’s habeas petition ex parte because it did not allege why Lopez Quintero waited 9 years to… Read more

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