State v. Marwan Mahajni, 2017AP1184-CR, 6/27/19, District 1 (not recommended for publication); case activity (including briefs) Mahajni moved for a new trial because, during deliberations in his case, the bailiff told the jury that they could not deadlock. They had to reach a unanimous verdict of guilty or not guilty. The circuit court denied Mahajni’s… Read more
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Outagamie County v. J.M.J., 2019AP183, 6/27/19, District 3 (1-judge opinion, ineligible for publication); case activity The parties to this TPR case agreed that they would not bring up J.M.J.’s lack of rights, or the termination of rights, to her other children. But during the trial on grounds, an expert, responding to questions from the County… Read more
Flowers v. Mississippi, USSC No. 17-9572, 2019 WL 2552489, June 21, 2019, reversing Flowers v. State, 240 So. 3d 1082 (Miss. 2017); Scotusblog page (includes links to briefs and commentary) The Court reverses Curtis Flowers’ conviction and death sentence and orders a seventh new trial on the ground that the district attorney at his sixth trial… Read more
Mitchell v. Wisconsin, No. 18-6210, 6/29/19, vacating and remanding State v. Mitchell, 2018 WI 84, Scotusblog page (including links to briefs and commentary) This is the decision we’ve all been waiting for on whether a blood draw from an unconscious OWI suspect requires a warrant. Wouldn’t you know–the opinion is splintered. Alito, writing for 4 justices… Read more
On June 26, 2019, the court of appeals ordered the publication of the following criminal law related decisions: State v. Traci L. Kollross, 2019 WI App 30 (filing a citation in municipal court didn’t toll statute of limitations for criminal case based on same conduct) State v. Christopher L. Gee, 2019 WI App 31 (other-acts… Read more
State v. Dominique M. Anwar, 2018AP2222-CR, 6/25/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejects Anwar’s arguments that she’s entitled to resentencing because the State offered certain information at her sentencing hearing without first disclosing the information and giving her notice it would use the information. Anwar… Read more
State v. Tyrus Lee Cooper, 2016AP375-CR, 6/20/19, affirming a per curiam court of appeals opinion, case activity (including briefs) Cooper moved for pre-sentencing plea withdrawal and filed an OLR grievance because his lawyer failed to provide him with discovery, contact witnesses, and communicate with him. Days before trial, his unprepared lawyer misled him about the… Read more
Banister v. Davis, USSC No. 18-6943, certiorari granted 6/24/19 Question presented: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005). Decision below: Banister v. Davis, unpublished order dismissing appeal (5th Cir. May 8, 2018) USSC Docket… Read more
