State v. John C. Martin, 2015AP597-CR, District 2, 9/30/15 (one-judge decision; ineligible for publication); case activity (including briefs) Police searched a tavern bathroom for a person named in an arrest warrant; they found no one, but they did notice a strong odor of raw marijuana. Martin was the last person seen leaving the bathroom. Ergo, the… Read more
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On Point keeps a list of upcoming Wisconsin Supreme Court arguments in indigent defense cases on the righthand sidebar. Because October starts tomorrow, we just updated the list and confirmed (as predicted by Justice Abrahamson here) that there is just one case scheduled for argument in November. It’s not posted because it’s a civil case… Read more
State v. Martin F. Kennedy, 2015AP475-CR, District 1, 9/29/15 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erred in denying Kennedy’s plea withdrawal motion without a hearing, as the record of the plea shows he wasn’t advised about the domestic abuse modifier at the time of his plea and Kennedy alleged… Read more
State v. Joshua J. Feltz, 2014AP2675-CR, District 1, 9/29/15 (not recommended for publication); case activity (including briefs) Feltz hasn’t shown his defense was prejudiced when his trial counsel elicited a statement about the truthfulness of the victim. Nor was defense counsel deficient in agreeing to allow the prosecutor to refer in closing to the victim attending… Read more
Percell Dansberry v. Randy Pfister, 7th Circuit Court of Appeals No. 13-3723, 9/15/15 The judge who took Dansberry’s guilty plea understated the mandatory minimum sentence Dansberry faced, and therefore Dansberry’s plea was not entered with a full understanding of the consequences, as required under Boykin v. Alabama, 395 U.S. 238 (1969), and Brady v. United States, 397… Read more
Michael Belleau v. Edward Wall, Case No. 12-CV-1198 (E.D. Wis. Sept. 21, 2015); reversed (1/29/16). “The question presented in this case is whether … a person who has already served his sentence for his crimes and is no longer under any form of court ordered supervision can be forced by the State to wear such a device and to pay the… Read more
Today, the New York Times ran an interesting oped by Prof. Jeff Fisher of Stanford Law School’s Supreme Court clinic. He argues that the SCOTUS should indicate how each justice voted when deciding to grant or deny a petition for writ of certiorari. “[T]he justices should let the country know how they are each using… Read more
Kenosha County v. CMM, 2015AP504, 9/23/15, District 2 (1-judge opinion; ineligible for publication); case activity Like many Chapter 51 appeals, this one didn’t challenge any legal standards. It argued that the evidence in this particular case did not meet the test for “dangerousness” in §51.20(1)(a)2.d. The court of appeals found the evidence more than sufficient. ¶8… Read more
