Winnebago County v. M.O.S., 2015AP2619, District 2, 6/15/16 (one-judge decision; ineligible for publication); case activity The circuit court’s oral findings at the conclusion of M.O.S.’s trial didn’t track the statutory language in either § 51.61(1)(g)4.a. or 4.b., but no matter: On the standard involuntary medication order form the court checked the box corresponding to the standard under subdivision… Read more
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Today’s edition of SCOWstats compares the output of the Minnesota and Wisconsin Supreme Courts. It also highlights some surprising differences between the two institutions. Click here for the full story… Read more
State v. Brian R. Corvino, 2016 WI App 52; case activity (including briefs) This decision examines § 967.055(2)(a), which requires the State to apply to the circuit court before amending an OWI charge. The court of appeals found that amending the charge here would be inconsistent with the public policy of deterring drunk-driving and held that the circuit… Read more
State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs) Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the State to dismiss and “read in” two other counts for purposes of sentencing and restitution. But after… Read more
State v. Julie C. Phillips, 2015AP927-CR, 6/14/16, District III (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects the state’s attempt to parlay a single fact–a strong smell of unburned marijuana emanating from a house–into exigent circumstances justifying a warrantless search. The search happened mid-afternoon. The first officer on the scene… Read more
Today marks the 50th anniversary of Miranda v. Arizona. In honor of the occasion, The Marshall Project asks: For 50 years, you’ve had “the right to remain silent.” So why do so many suspects confess to crimes they did not commit? Read the full report here… Read more
The Volokh Conspiracy sums up this case beautifully: “Nebraska drug doggie alerts on vehicle. Officers find no drugs but do find a duffel bag with many credit cards, debit cards, and gift cards. Eighth Circuit (over a dissent): No Fourth Amendment violation to scan the cards’ magnetic stripes (which revealed them to be counterfeit).” Read the decision… Read more
United States v. Bryant, USSC No. 15-420, 2016 WL 3221519 (June 13, 2016), reversing and remanding 769 F.3d 671 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) As we explained in our prior post on the cert grant in this case, the Sixth Amendment does not apply in tribal courts. Congress has created… Read more
