State v. M.A.H., 2017AP1785 & 2017AP1786, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity State v. K.C.H., 2017AP1787 & 2017AP1788, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity M.A.H. and K.C.H. entered no-contest pleas to the continuing CHIPS grounds alleged in the petitions to terminate the parental rights to their children… Read more
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State v. Kyle Lee Monahan, 2018 WI 80, affirming an unpublished court of appeals decision, 2014AP2187, case activity (including briefs) You wouldn’t know it from the opinions, but the parties here briefed (and WACDL filed an amicus brief on) a question of harmless error doctrine. When trying to decide whether a trial error is harmless… Read more
Terance Martez Gamble v. United States, USSC No. 17-646, certiorari granted 6/28/18 Question presented: Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Decision below: United States v. Gamble, 694 Fed Appx 750 (11th Cir. 2017) (unpublished) USSC Docket Scotusblog page (including links to briefs and commentary) The “separate sovereigns”… Read more
State v. Dion Lashay Byrd, 2017AP1968, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Byrd was convicted of making a bomb threat to the Fox 6 TV station in Milwaukee. He claims the sentencing court relied on two improper factors in imposing the maximum sentence for this Class I felony. First, he says the… Read more
State v. Delano Maurice Wade, 2017AP1021, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Wade appeals his jury-trial conviction of sexual assault and false imprisonment. He argues that certain of his accuser’s statements, related by police officers on the stand, were hearsay, and that the court erred in addressing a jury question… Read more
On June 27, 2018, the court of appeals ordered the publication of the following criminal law related decision: State v. Dylan D. Radder, 2018 WI App 36 (“boilerplate” motion to suppress didn’t contain sufficient allegations to merit an evidentiary hearing)… Read more
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