M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of… Read more
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State v. Dustin M. Sherman, 2016AP2225, 10/5/17, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) Sherman argued that police lacked reasonable suspicion to conduct the traffic stop that led to his refusal to submit to a blood alcohol test. The officer stopped him for a violation of the statute requiring a tail… Read more
State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the… Read more
State v. Jeffrey S. Roehling, 2016AP35-CR, District 3, 10/3/17, (not recommended for publication), case activity (including briefs) Haven’t seen defense win in awhile–especially not regarding postconviction procedure. The court of appeals first rejects the State’s contention that a defendant who fails to request an extension of the 60-day deadline for a circuit court to decide… Read more
At last week’s “long conference” the Supreme Court denied petitions for certiorari in two potentially significant cases dealing with sex offenders. The issue in the first case, Snyder v. Doe, was whether various aspects of Michigan’s sex-offender registration law imposed “punishment” in violation of the ex post facto clause. The Sixth Circuit answered that question “yes,” Does… Read more
Or can you? Yesterday’s NYT Magazine featured an in-depth article on what happens to a people after they plead not guilty by reason of insanity. If you like horror stories, click here. The author says that in 2015 he began seeking data on length-of-stay and legal status for people who have been institutionalized in every… Read more
Collins v. Virginia, USSC No. 16-1027, cert granted 9/28/17; lower court opinion; USSC docket; SCOTUSblog page Question presented: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house. Two police officers were looking… Read more
Byrd v. United States, USSC No. 2016-1371, cert granted 9/28/17; 3rd Circuit’s opinion; docket; SCOTUSblog page Question presented: A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car–i.e., an expectation of privacy that society accepts as reasonable. Does a… Read more
