State v. Daniel Scott Klinkenberg, 2015AP331-CR, District 4, 11/5/15 (1-judge opinion, ineligible for publication); case activity (including briefs) This is one of those really fact-specific decisions. The centerpiece of the State’s case against Klinkenberg for retail theft was security camera footage that did not show him concealing merchandise of leaving the store with unpurchased merchandise… Read more
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The Marshall Project offers an interesting analysis of Foster v. Chatman, a case that SCOTUS on Monday. Hopefully, the decision will give defense lawyers betters tools for proving that the prosecution engaged in racial discrimination during jury selection. Click here for the Marshall Project’s analysis. And here is SCOTUSblog’s report on the actual argument… Read more
Those of you with juvenile clients might find this new paper interesting. The full title is: “And if Your Friends Jumped Off a Bridge Would You Do it Too? How Developmental Neuroscience Can Inform Legal Regimes Governing Adolescents.” Here is the abstract: Legal models of adolescent autonomy and responsibility in various domains of law span a spectrum… Read more
So says Salon.com‘s new article on law enforcement’s “rabid defense” of mandatory minimum sentences here… Read more
State v. Mendell Stokes, 2015AP1335-CR, District 2, 11/4/15 (one-judge decision; ineligible for publication); case activity (including briefs) Applying State v. Spaeth, 206 Wis. 2d 135, 556 N.W.2d 728 (1996), the court of appeals holds the record provided “competent proof” that Stokes was operating after revocation for a prior OWI offense and, thus, was subject to criminal… Read more
S.R. v. Circuit Court for Winnebago County, 2015 WI App 98; case activity Because S.R. and C.L.’s “petition for determination of parentage” effectively asked the circuit court for a declaratory judgment about the meaning of Wisconsin’s parentage statutes in light of the cases holding that same-sex couples have a constitutional right to marry, the petition should… Read more
State v. Colton M., 2015 WI App 94; case activity Colton challenges his delinquency adjudication for repeated acts of sexual contact with a child under the age of 16 under § 948.025(1)(e), arguing that applying the statute to him violates due process because it provides insufficient standards for distinguishing him from D., the victim, as both were 15 years old and both engaged in… Read more
Question presented: Does a misdemeanor crime with the mens rea of recklessness qualify as a “misdemeanor crime of domestic violence,” as defined under 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9)? Lower court opinion: United States v. Voisine, 778 F.3d 176 (1st Cir. 2015); Docket; Scotusblog page Under 18 U.S.C. §§ 921(a)(33)(A) and 922(g)(9), a person convicted of a “misdemeanor crime… Read more
