Milwaukee County v. D.C.B., 2018AP987, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity The court of appeals rejects D.C.B.’s constitutional and procedural challenges to the extension of his ch. 51 commitment. D.C.B. argues the ch. 51 extension statute is facially unconstitutional because it doesn’t require a finding of dangerousness. Because § 51.20(13)(g)3. requires… Read more
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City of West Allis v. James M. Gregg, 2018AP1326, District 1, 5/14/19 (one-judge decision; ineligible for publication); case activity (including briefs) Sure, the car wasn’t running by the time the officer pulled up behind it with his squad lights flashing. But that doesn’t mean the officer lacked probable cause to believe the guy behind the… Read more
Thanks to Margaret Johnson for highlighting this new article on the harmful effects of pre-trial detention. If you’re too poor to post bail you get detained. And people who get detained are more likely to get convicted, receive longer sentences and become involved in the criminal justice system. The article concludes with suggestions for better… Read more
Many misdemeanor defendants don’t have lawyers. So when prosecutors are negotiating a plea deals with them do they have to ensure that the defendants have an opportunity to obtain counsel or reveal collateral consequences–like deportation or the loss of public services? There’s a new ABA ethics opinion on this topic. Read about it here… Read more
Yes, federal legislation. You don’t see that very often. Yesterday Senator Kamala Harris introduced the EQUAL Defense Act to provide financial support for public defender systems across the county. Among other things, the proposed legislation aims to track and limit public defender workloads and create pay parity between public defenders and prosecutors within 5 years… Read more
Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the… Read more
State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs). Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So… Read more
