State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs) Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either… Read more
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State v. David L. Vickers, 2015AP1631-CR, 6/22/16, District 2 (not recommended for publication); case activity, including briefs Vickers, who was convicted of misdemeanor bail jumping and retail theft of a wireless router, filed a §974.06 motion claiming ineffective assistance of counsel because his trial lawyer failed to move for suppression of stolen property found in… Read more
Utah v. Strieff, USSC No. 14-1373, 2016 WL 3369419 (June 20, 2016), reversing State v. Strieff, 357 P.3d 532 (Utah 2015); Scotusblog page (includes links to briefs and commentary) “This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing… Read more
Taylor v. United States, USSC No. 14-6166, 2016 WL 3369420, 579 U.S. ___ (June 20, 2016), affirming United States v. Taylor, 754 F.3d 217 (4th Cir. 2014); Scotusblog page (includes links to briefs and commentary) In a decision that invalidates Seventh Circuit precedent, the Supreme Court holds that to obtain a conviction under the Hobbs Act… Read more
The end of the term is near, and SCOW still has 24 decisions to issue. On Point is tracking 8 of those, and they involve some significant criminal law issues. State v. Loomis: use of COMPAS at sentencing. State v. Jackson: application of the inevitable discovery doctrine. State v. Lynch: should SCOW overrule Shiffra/Greene? State v… Read more
Review of a published court of appeals opinion; case activity (including briefs) Issue (from the State’s Petition for Review) Did the court of appeals misapply State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, when it held that a defendant seeking postconviction DNA testing of “relevant” evidence under § 974.07(2) need not… Read more
Review of an unpublished summary court of appeals order; case activity (including briefs) Issues (from petition for review): 1. Was the Petitioner entitled to an evidentiary hearing on his petition for discharge from Chapter 980 commitment which included information that the Petitioner had terminated sexual acting out and where a psychologist reported improvement in an… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (from petition for review): Does Wis. Stat. §19.356 preclude petitioners from seeking a declaratory judgment that the DOJ’s alias name policy violates Wisconsin’s public records law? Don’t be misled by the bland statement of the first issue. Teague has asked SCOW to decide… Read more
