Kansas v. Garcia, USSC No. 17-834, certiorari granted 3/18/19 Questions presented: 1. Whether the Immigration Reform and Control Act (IRCA) expressly preempts the States from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any… Read more
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Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/19 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read more
Evangelisto Ramos v. Louisiana, USSC No. 18-5924, certiorari granted 3/18/19, Reversed 4/20/20 Question presented: Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict? Decision below: State v. Ramos, 231 So.3d 44 (La. App. 2017) USSC Docket Scotusblog page (including links to briefs and commentary) Close on the heels of its… Read more
State v. Joseph B. Reinwand, 2019 WI 25, 3/19/19, on certification from the court of appeals; case activity (including briefs) The Confrontation Clause ordinarily bars the admission of testimonial statements of a witness if the witness does not appear at trial to testify and be cross-examined. But under the “forfeiture by wrongdoing” doctrine, a witness’s… Read more
State v. Michael A. Keister, 2019 WI 26, 3/19/19, reversing a court of appeals order dismissing the appeal and vacating a circuit court order; case activity (including briefs) The statute providing for grants to set up treatment courts, § 165.95, does not create a fundamental liberty interest for defendants to participate in treatment court and… Read more
State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read more
State v. Marshawn Terell Johnson, 2017AP2445-CR, District 3, 3/19/19 (not recommended for publication); case activity (including briefs) In sentencing Johnson for possession of heroin with intent to delivery, the circuit court remarked that he’d traveled to Superior from Chicago to commit his crime. The sentencing court’s consideration of that fact did not violate the Privileges… Read more
State v. Harvey A. Talley, 2018AP786-CR, 2018AP787-CR, & 2018AP788-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs) Talley, who was convicted of first degree sexual assault causing pregnancy in violation of § 940.225(1)(a), argues trial counsel was ineffective for failing to elicit testimony from A.D., the complainant, the reasons why she initially falsely… Read more
