State v. Gregory Mark Radaj, 2015 WI App 50; case activity (including briefs) A defendant who committed a felony before the effective date of the law mandating a $250 DNA surcharge for each felony conviction, but who is sentenced after that effective date, cannot be made to pay the surcharge on each felony conviction because that violates… Read more
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State v. Garett T. Elward, 2015 WI App 51; case activity (including briefs) Defendants who committed a misdemeanor offense before April 1, 2015 January 1, 2014, cannot be made to pay the mandatory $200 DNA surcharge that is supposed to be imposed for each misdemeanor conviction beginning January 1, 2014, because imposition of the surcharge on that class of… Read more
State v. David E. Hull, 2015 WI App 46; case activity (including briefs) The recently enacted statute allowing the admission of hearsay evidence at preliminary hearings is not an unconstitutional ex post facto law because it affects only the evidence that may be admitted at the preliminary hearing and does not alter the quantum or nature of… Read more
State v. Shaun M. Clarmont, 2014AP1043-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) Even if trial counsel failed to investigate a defense to the charge to which Clarmont pled, Clarmont has not shown why he would have gone to trial and face the possibility of multiple convictions, including for two felony offenses… Read more
State v. Chaz L. Brown, 2014AP1848-CR, District 3, 5/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) A “midsummer night’s attempt at self-help debt collection” (¶2) led to Brown being charged with disorderly conduct and battery. He was acquitted of the battery charges based on his self-defense claim, but he was convicted of the DC… Read more
Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal… Read more
Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary) The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms… Read more
City and County of San Francisco, et al. v. Teresa Sheehan, USSC No. 13-1412, 2015 WL 2340839 (May 18, 2015), certiorari dismissed in part, and reversing in part and remanding Sheehan v. City and County of San Francisco, 743 F.3d 1211 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) Because there was no precedent clearly establishing that it unreasonable… Read more
