Question presented: Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida, 134 S. Ct. 1986 (2014) and Atkins v. Virginia, 536 U.S. 304 (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be… Read more
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State v. Michael S. Dengsavang, 2015AP637-CR, 6/1/16, District 1 (not recommended for publication); case activity (including briefs) Michael Dengsavang raises several challenges to the trial court’s denial of his Machner motion. The court of appeals rejects one claim on the merits and declines to consider the rest, holding them previously abandoned. This is the second… Read more
Deborah K. Johnson v. Donna Kay Lee, 578 U.S. __ (2016)(per curiam); SCOTUS docket Like Wisconsin, California has a rule that a defendant may not raise a claim for the first time on on state collateral review if he could have raised it on direct appeal. Wisconsin calls it the “Escalona bar.” California calls it… Read more
Scott R. Schmidt v. Deborah McCulloch, 7th Circuit Court of Appeals No. 14-3651, 5/27/16 The Seventh Circuit upholds the denial of a Wis. Stat. ch. 980 detainee’s habeas corpus petition. As practitioners know, many important rules that protect a criminal defendant go out the window once the state alleges him a sexually violent person and seeks… Read more
State v. Salinas, 2016 WI 44, 5/26/2016, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) In which our so-called law-developing court does not develop the law of joinder under § 971.12(1)—and even leaves it less clear than it used to be. Salinas was charged with domestic abuse offenses against his girlfriend, M.S., and her daughter… Read more
State v. William J. Furlong, 2016AP445-FT, 5/26/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) William Furlong, arrested for OWI, initially consented to a blood draw but then decided that he wanted to talk to a lawyer first. (¶4). The officer noted a refusal, which Furlong appeals, arguing that the officer should have… Read more
State v. Jason S. Witte, 2015AP795-CR, 5/26/16, District IV (one-judge decision; ineligible for publication); case activity (including briefs) Witte, charged with OWI-4th, attacked a 2004 prior, alleging that did not have, and did not validly waive, counsel. The circuit court concluded that Witte’s affidavit and the documents from the 2004 proceeding did not make out… Read more
State v. L.C., 2016AP81, 5/25/16, District 2 (1-judge opinion; ineligible for publication; case activity That sums up the court of appeals’ decision in this juvenile delinquency case. The State failed to timely provide the defense with a copy of L.C.’s recorded confession and a witness list before trial. The circuit court and court of appeals shrugged… Read more
