Who wants to preserve a really provocative issue at their next trial? The Unconstitutionality of Criminal Jury Selection, by Brittany Dietch, a Harvard Law fellow, argues that because the Sixth Amendment grants this right personally to the defendant and the Supreme Court has construed this right as intending to protect the defendant from governmental overreach… Read more
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There seems to be a debate over this issue. If you practice juvenile law, you might was to weigh in here at the Cyntonia Brown and the “51 to life” project. Attorney Robert Donohoo already has… Read more
State v. Anton R. Dorsey, 2018 WI 10, 1/25/28, affirming a per curiam court of appeals opinion, case activity (including briefs) On Point has posted extensively about this case here regarding the court of appeals’ two opinions and here regarding Dorsey’s petition for review. This post focuses on the bottom line for trial lawyers because the majority… Read more
State v. Daniel E. Olsen, 2017AP918-CR, District 4, 1/25/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) At the request of DOC, the circuit court extended Olsen’s probation by one year and increased his monthly restitution payment. His challenges to the court’s orders fail. DOC alleged Olsen missed some restitution payments despite having… Read more
Judge Lynn Adelman, Eastern District of Wisconsin, wrote an article by that name. SSRN recently posted it online. An excerpt from the abstract is pasted in below. Don’t hold back. The article is short, and you won’t regret reading the whole thing . . . unless perhaps you’re Newt Gingrich, Bill Clinton, or a state… Read more
Outagamie County v. C.A., 2017AP450, District 3, 1/23/18 (1-judge opinion, ineligible for publication); case activity The records for Chapter 51 cases are confidential, so we have not seen the briefs for this case. But, judging from this court of appeals opinion, it doesn’t take much beyond a mental illness diagnosis to get yourself committed under §51.20(1)(a)2e… Read more
Milwaukee County v. Nicholas O. Moran, 2017AP1047 & 2017AP1048, District 1, 1/23/18 (one-judge decision; ineligible for publication); case activity (including briefs) The totality of the circumstances provided reasonable suspicion to believe Moran was operating while intoxicated, so police were justified in continuing to detain Moran to conduct field sobriety tests. ¶32 The facts known… Read more
State v. M.D.W., 2017AP1945 & 1946, 1/23/18, District 1 (one-judge decision; ineligible for publication); case activity M.D.W. appeals only the disposition in the TPR of her two children. She argues that the court erred in its consideration of the statutory factors. The court of appeals disagrees. There’s really not much to say about the opinion… Read more
