This just in: “The Pressure Is On–Criminal Defense Counsel Strategies after Padilla v. Kentucky,” by Bill Ong Hing at the University of San Francisco Law School. When representing an immigrant defendant, trial counsel’s duties are now much more demanding than they were before Padilla. What qualifies as “competent” counsel in these circumstances? Click here for… Read more
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If you are working on a COMPAS issue, you may be interested in a new research paper, “Risk Assessment in Criminal Sentencing,” from the University of Virginia School of Law. Here is the abstract: The past several years have seen a surge of interest in using risk assessment in criminal sentencing, both to reduce recidivism… Read more
The Journal Sentinel is reporting that Justice Rebecca Bradley may participate in cases that were argued, but not decided, before Governor Walker appointed her to SCOW. Click here. She is studying the issue. Justice Geske and NYU law Professor Stephen Gillers see no problem with this idea. Bradley could just listen to oral argument transcripts… Read more
La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial. The GAL had… Read more
SCOWstats has conducted a Politfact-style check on the concerns Justice Abrahamson raised in the order granting review of State v. Salinas. Her claims: (1) the number of cases on SCOW’s docket has dropped significantly; and (2) the number of per curiam court of appeals opinions on SCOW’s docket has jumped significantly. Click here to gauge… Read more
Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t… Read more
City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs) There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI. At 2:51… Read more
Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs) While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of… Read more
