Here is The New Yorker’s review of Emily Bazelon’s new book, Charged, which looks at two cases where prosecutorial misconduct put 2 people through hell, why bail is hard to get, and why public defenders are often inadequate… Read more
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MULS Professor Michael O’Hear has a new article out: Managing the Risk of Violent Recidivism: Lessons from Legal Responses to Sexual Offenses. See the abstract below, and click here for the article. Over the course of a generation, American legislatures have quietly adopted an intricate web of measures intended to reduce the risk that individuals… Read more
State v. Robert Brian Spencer, 2017AP1722-CR, 4/16/19, District 1 (not recommended for publication); case activity (including briefs) Spencer raised many issues on appeal: insufficient evidence to support his conviction, multiple ineffective assistance of counsel claims, and a Brady violation. This post focuses on the 2 most interesting claims: ineffective assistance for failure to move to… Read more
In some parts of the country 40% of arrests stem from possession of marijuana. If you wonder how Wisconsin counties compare to others around the country, check out this article and map… Read more
Today’s New York Times has this very interesting article (complete with some fancy digital demonstrations) about an enormous Google database employees call “Sensorvault,” which “turn[s] the business of tracking cellphone users’ locations into a digital dragnet for law enforcement.” It will not surprise you to learn that the use of the database may help crack cases… Read more
State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2017AP913-CR & 2017AP914-CR, petition for review granted 4/9/19; case activity (including briefs) Issue: Does either Wis. Stat. § 971.36 or inherent prosecutorial charging discretion allow a prosecutor to charge a single felony count of retail theft for multiple separate acts of theft, each involving less than… Read more
State v. Matthew C. Hinkle, 2017AP1416-CR, petition for review granted 4/9/19; affirmed 11/12/19; case activity (including briefs) Issue: Once a juvenile has been waived into adult court by one circuit court, must the juvenile always be subject to adult court jurisdiction in any other cases? When Hinkle was 16 years old he was charged as a… Read more
State v. Roy S. Anderson, 2017AP1104-CR, petition for review granted 4/9/19; case activity (including briefs) Issues: What constitutes sufficient knowledge of an offender’s community supervision status where an officer wants to search him pursuant to 2013 Wisconsin Act 79? Whether the officers in this case had reasonable suspicion to search Anderson pursuant to Act 79… Read more
