Department on Aging v. R.B.L., 2022AP1431, District I, 6/27/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In this protective placement appeal raising two interesting issues related to the circuit court’s competency, the court of appeals reverses with instructions to dismiss the underlying petition. R.B.L. has been the subject of a protective placement… Read more
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State v. Cedric Tung, 2021AP1705-CR, 6/20/23, recommended for publication; case activity (including briefs) In a factually complicated ineffectiveness case that does not involve the usual Strickland analysis, the court of appeals affirms based primarily on a messy factual record. Tung was charged with first-degree sexual assault of a child based on conduct occurring in 2017… Read more
Counterman v. Colorado, USSC No. 22-183, 6/27/2023; Scotusblog page (with links to briefs and commentary) In a case with possible implications for Wisconsin law, SCOTUS holds that in a criminal prosecution involving “true threats,” the State must prove the person “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” Counterman… Read more
State v. Eric J. Debrow, 2023 WI 54, 6/23/23, reversing an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, SCOW defers to the circuit court’s decision denying a motion for mistrial but slightly muddies the waters as to the proper legal analysis when assessing mistrial claims… Read more
State v. Quaheem O. Moore, 2023 WI 50, 6/20/23, reversing an unpublished court of appeals decision; case activity (including briefs) As many surrounding states continue to legalize marijuana–and with the explosion of CBD and other legal hemp-derived products throughout Wisconsin–some observers have questioned the continued viability of Fourth Amendment rules permitting intrusive law enforcement action… Read more
State v. Julie A. Minnema, 2022AP446-CR, District 4, 6/8/23 (one-judge decision, not eligible for publication); case activity (including briefs) In an unusually lengthy OWI second appeal, the court rejects Minnema’s ineffective assistance of counsel claims either because Minnema failed to establish deficient performance or because Minnema failed to establish prejudice. (Opinion, ¶1). At trial, Minnema’s defense… Read more
Pugin v. Garland, USSC Nos. 22-23 & 22-331, 2023 WL 4110232 (June 22, 2023), affirming Pugin v. Garland, 19 F.4th 437 (4th Cir. 2021) and reversing Garland v. Cordero-Garcia, 44 F.4th 1181 (9th Cir. 2022); Scotusblog page (including links to briefs and commentary Noncitizens convicted of an “aggravated felony” may be deported from the United States… Read more
Smith v. United States, USSC No. 21-1576, 2023 WL 4002949 (June 15, 2023), affirming United States v. Smith, 22 F. 4th 1236 (11th Cir. 2022); Scotusblog page (including links to briefs and commentary). A unanimous Supreme Court holds that the Constitution does not bar retrial of a defendant whose conviction is reversed because the prosecution… Read more
