McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17 Question presented: Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection? Decision below: State v. McCoy, 218 So.3d 535 (La. 2016) USSC Docket Scotusblog page (including links to cert petition and responses; briefs; and commentary) You’d think the answer… Read more
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City of Hays, Kansas v. Vogt, USSC No. 16-1495, cert granted 9/28/17 Question presented: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial. Decision below: Vogt v. City of Hays, Kansas, 844 F.3d 1235 (10th Cir. 2017) USSC Docket Scotusblog page (includes links… Read more
Rosales-Mireles v. United States, USSC No. 16-9493, cert granted 9/28/17 Question presented: In United States v. Olano, this Court held that, under the fourth prong of plain error review, “[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial… Read more
Read this new opinion from the District of Columbia Court of Appeals. It reversed a trial court decision to strike a potential juror for cause because she expressed a belief that the criminal justice system is biased against black men. According to the court of appeals, our justice system is biased, and jurors having this belief… Read more
Know a pro se litigant in need of good, free lawyer? You might refer them to Judge Richard Posner. Seriously. Click here for more details… Read more
State v. Adam M. Zamora, 2016AP1923-CR, District 2, 9/27/17 (not recommended for publication); case activity (including briefs) The circuit court properly exercised its discretion in determining that an expert witness called to testify about child sexual assault victim reporting behaviors met the so-called Daubert standard codified in § 907.02(1). The ten-year-old who accused Zamora of sexually assaulting her delayed reporting… Read more
On September 27, 2017, the court of appeals ordered the publication of the following criminal law related decisions: State v. Nesbit, 2017 WI App 58 (upholding a frisk for weapons before placing person in squad car) State v. Torres, 2017 WI App 60 (exigent circumstances justified warrantless entry to apartment) State v. Wortman, 2017 WI… Read more
State v. Julio Cesar Pacheco Arias, 2017AP228-CR, 9/26/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) In 2015, Pacheco-Arias was charged with 2 separate OWI offenses just weeks apart. Because he had 2 prior OWI convictions, both of the 2015 OWIs were charged as a misdemeanor OWI-3rd offenses. Under the law in… Read more
