State v. Terry C. Craig, Jr., 2016AP177-CR, District 4, 8/11/16 (1-judge opinion, ineligible for publication); case activity (including briefs) Craig struck and shattered the left tail light on an old car but he did not put a baseball-sized hole or a 2 inch crack on the left of it. That was preexisting damage. The circuit… Read more
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In May, On Point reported on U.S. v. Randy Johnson, a split decision by the 7th Circuit in which the dissent accused the majority of authorizing Milwaukee police to seize someone for “parking while black.” See our post here. Guess what? The 7th Circuit just granted rehearing en banc, so stay tuned for further developments this… Read more
So held the 10th Circuit in U.S. v. Ackerman last week. The case “considers how the Fourth Amendment applies to a child pornography detection system set up by Internet service providers and the National Center for Missing and Exploited Children (NCMEC).” In a post “for serious 4th Amendment nerds” Orin Kerr pokes holes in the… Read more
According to a new study, criminal defendants don’t get good representation in SCOTUS. When a lawyer from the Solicitor General’s office appears in SCOTUS, he has on average argued there 25 times before. Criminal defense lawyers in SCOTUS have on average 5.3 prior arguments. An exception is Stanford Law Professor Jeff Fisher. According to Professor Andrew Crespo… Read more
Village of Bayside v. Amber E. Schoeller, 2016AP256 & 2016AP257, District 1, 8/9/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court’s factual findings—which Schoeller doesn’t argue are clearly erroneous—doom her claims that the officer didn’t have probable cause to arrest her and that the evidence isn’t sufficient to prove she’s guilty of… Read more
The Wisconsin Supreme Court recently denied Rule petition 15-04, which sought to amend SCR 20:1.9 governing a lawyer’s duties to her former clients. In this post, SPD Legal Counsel, Devon Lee, explains that the current rule does not prevent the types of communications highlighted by the petitioners. The petition proposed an amendment to SCR 1.9(c) which… Read more
The Wisconsin Supreme Court recently amended portions of SCR Chapter 20 that, among other things, govern the use of technology in a law practice. SPD Legal Counsel, Devon Lee, explains what these changes mean for lawyers who use email, cloud computing, and/or social media. Isn’t that everybody? Changes in technology have changed the ways in… Read more
Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16 Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to… Read more
