State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs) Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme… Read more
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State v. Randy Allen Lapp, 2016AP116-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs) Randy Lapp’s ineffective assistance claims are numerous and diverse, and the court of appeals quickly disposes of them. To wit: You can’t show ineffective assistance for failing to substitute a judge without showing prejudice. (¶¶8-9). McMorris evidence must… Read more
You’re familiar with how the justices split on merits cases in SCOW. But do you know how they vote in lawyer disciplinary cases? Today’s edition of SCOWstats crunches the numbers… Read more
State v. Diamond J. Arberry, 2017 WI App 26, petition for review granted 6/16/17, affirmed, 2018 WI 7 ; case activity (including briefs) Because a circuit court must decide whether to grant expungement under § 973.015 “at the sentencing proceeding,” State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, the court doesn’t have authority… Read more
State v. T.L.J., 2016AP1395, District 2, 3/8/2017 (one-judge decision; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion in granting the state’s petition to waive T.L.J. into adult court to face charges of armed robbery and operating a motor vehicle without owner’s consent. As to the juvenile court’s exercise of… Read more
State v. Randolph Arthur Mantie, 2015AP2443-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs) As the court notes, the relevant events in this case took place at a “hard-to-describe intersection” so here’s a visual aid. That dark-colored car is coming into the intersection moving east on Hopkins. It seems that stop sign… Read more
Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s… Read more
State v. Erika Lisette Gutierrez, 2014AP1983-CR, 3/7/2017 (not recommended for publication); case activity (including briefs) Gutierrez pleaded guilty to intentional physical abuse of a trial and had a bench trial on her plea of not guilty by reason of mental disease or defect. She asserts she should be allowed to withdraw her guilty plea because… Read more
