The U.S. bail system has received a lot of press this week. Click here for the NYT’s “When Bail is out of reach, other costs mount” and here for the Marshall Project’s “No bail, less hope: The death of Kalief Browder.” Those stories will make you cry. But John Oliver’s explanation of the American bail… Read more
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On June 9th, Professor Jeff Fisher from Stanford’s Supreme Court Litigation Clinic led a day-long workshop for the State Public Defender’s Appellate Division at the law firm of Reinhart Boerner Van Deuren s.c. The workshop focused on strategies for obtaining and opposing review by the United States Supreme Court. Fisher clerked for Justice Stevens and… Read more
State v. Lance Donelle Butler, Jr., 2014AP1769-CR, District 1, 6/9/15 (not recommended for publication); case activity (including briefs) Using cell phone tower data provided by Butler’s cell phone service provider to make a map of where Butler had used his cell phone on the day of the crime didn’t require “scientific, technical, or other specialized knowledge” under… Read more
State v. Amelia A., 2015AP630 & 2015AP631, District 1, 6/9/15 (one-judge decision; ineligible for publication); case activity While the order extending the placement of Amelia’s children outside of her home did not specifically recite the conditions she needed to meet for the return of her children, the extension order specifically incorporated by reference the original CHIPS order, which did… Read more
Question presented: Whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments. Lower court decision: United States v. Sila Luis, 564 Fed. Appx. 493 (11th Cir. May 1, 2014) (unpublished) Docket Scotusblog page This decision will resolve a… Read more
No, it’s not your imagination. Supreme Court of Wisconsin opinions have ballooned in recent years. The latest post on SCOWstats.com shows just how much they’ve sprawled, which justices are most prolix, and which are the pithiest. (Spoiler alert: Thank you, Justice Bradley. And keep up the good work, Justice Crooks!) If, as Shakespeare wrote, “brevity… Read more
Ozaukee County DHS v. J.R. and S.R., 2804-2809, 6/3/15, District 2 (one-judge opinion, ineligible for publication); click here for docket Sec. 48.21(7) allows the circuit court to dismiss or informally dispose of a CHIPS petition, if doing so would be in the best interests of the child and the public. The court of appeals reversed… Read more
Ozaukee County v. Michael T. Sheedy, 2015AP172, 6/3/15, District 3 (1-judge decision, ineligible for publication); click here for docket and briefs Sheedy was arrested for OWI and refused to submit to a blood test. A few weeks later, the circuit court entered a default judgement against him. On appeal, Sheedy, pro se, argued that he… Read more
