Dennis A. Teague v. Brad A. Schimel, 2017 WI 56, 6/8/17, reversing a published court of appeals decision; case activity (including briefs) Dennis Teague has no criminal record, but if you ask DOJ to run a criminal background check on him DOJ will hand over a lengthy rap sheet showing someone else’s criminal history. Why? Because that someone… Read more
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SCOW scolds DOJ for releasing erroneous criminal history reports, but justices don’t agree on remedy
Recall that SCOTUS recently ordered the Solicitor General to file an amicus brief on the question of whether Loomis’ petition for writ of certiorari should be granted or denied. Here is the SG’s amicus brief. It argues that “the use of actuarial risk assessments raises novel constitutional questions that may merit this Court’s attention in… Read more
Waukesha County v. J.W.J., 2017 WI 57, 6/8/2017, affirming an unpublished court of appeals decision, 370 Wis. 2d 262, 881 N.W.2d 359; case activity In Fond du Lac County v. Helen E.F., which involved a woman with Alzheimer’s disease, SCOW held that a person is a “proper subject for treatment” under §51.20(1) if she can… Read more
Taylor County DHHS v. S.A.L., 2016AP2369, 6/7/17, District 3 (one-judge decision; ineligible for publication); case activity S.A.L. appeals the termination of her parental rights to her two children. She alleges ineffective assistance of her trial counsel and that the court failed to properly exercise discretion during the dispositional phase. The court of appeals affirms. The… Read more
State v. Julius Lee Sanders, 2014AP2644, 6/6/2017, District 1 (not recommended for publication); case activity (including briefs) Julius Sanders appeals from his judgment of conviction and the denial, without a hearing, of his postconviction motion. His motion claimed that his counsel was ineffective for two reasons–he failed to investigate allegations Sanders made about the alleged… Read more
State v. Bruce C. Brenizer, 2015AP2181, District 3, 6/6/17 (not recommended for publication); case activity (including select briefs) The Department of Health Services didn’t have authority to transfer Brenizer to the Department of Corrections because the circuit court’s commitment order unambiguously states that Brenizer is committed to DHS custody for life unless his custody is terminated… Read more
Question presented: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. Lower court opinion: United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); USSC Docket; Scotusblog page This is a… Read more
Terry Michael Honeycutt v. United States, USSC No. 16-142, 2017 WL 2407468 (June 5, 2017), reversing United States v. Honeycutt, 816 F.3d 362 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A federal statute—21 U.S.C. § 853—mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly… Read more
