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Marathon County v. P.X., 2017AP1497, 6/26/18, District 3, (1-judge opinion, ineligible for publication); case activity P.X. is autistic, non-verbal, intellectually and developmentally disabled and has obsessive compulsive disorder and pica. The question is whether he is capable of “rehabilitation,” which would make him a proper subject for treatment on Chapter 51. If not, then he… Read more

On Point is sorry to report that on Monday SCOTUS denied Brendan Dassey’s petition for writ of certiorari. Click here. This means that the 7th Circuit’s decision en banc stands and Dassey remains in custody. Dassey’s cert petition and the many amicus briefs supporting it make great arguments. With different facts, they might prevail. So… Read more

State v. Ronald Lee. Gilbert, 2016AP1852-CR, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Congratulations to Quarles & Brady, which took this appeal pro bono, for scoring a defense win! Gilbert, who was convicted trafficking a child and related crimes, argued that his trial counsel was ineffective for failing to (1) challenge… Read more

Carpenter v. United States, USSC No. 16-402, 2018 WL 3073916, reversing United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); Scotusblog page (includes links to briefs and commentary) This one is a big deal. It’s impossible to say just where the law will go from here, but it’s clear there will be a lot of… Read more

Currier v. Virginia, USSC No. 16-1348, 2018 WL 3073763, June 22, 2018, affirming State v. Currier, 779 S.E.2d 834 (Va. App. 2015), reasoning adopted by 798 S.E.2d 164 (Va. 2016); Scotusblog page (includes links to briefs and commentary) A defendant who agrees to have overlapping charges considered in two separate trials cannot invoke the doctrine of issue preclusion adopted in Ashe… Read more

Rosales-Mireles v. United States, USSC No. 16-9493, 2018 WL 3013806, 6/18/18, reversing United States v. Rosales-Mireles, 850 F.3d 246 (5th Cir. 2017); SCOTUSblog page (includes links to briefs and commentary) As we noted in our prior post, this case is primarily of interest to federal practitioners, dealing as it does with the federal sentencing guidelines and the… Read more

State ex rel. Drazen Markovic v. Jon E. Litscher, 2018 WI App 44; case activity (including briefs) The Department of Corrections has the authority to take certain funds from an inmate’s account to pay the restitution ordered in a case even though the inmate has finished serving the sentence in that case. Markovic was convicted… Read more