State v. Jeffrey F. Smart, 2014AP2604, District 2, 5/27/15 (one-judge decision; ineligible for publication); case activity (including briefs) The warrantless entry into Smart’s hotel room was supported by probable cause and justified by exigent circumstances because there was an objective basis to believe there was a risk to the safety of Smart’s children. One exception to the… Read more
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Question presented: Did the Georgia courts err in failing to recognize race discrimination under Batson v. Kentucky, 476 U.S. 79 (1986), in the extraordinary circumstances of this death penalty case? Lower court opinion: Foster v. Humphrey, 1989-V-2275 (Butts Co., GA, Sup. Ct. Dec. 9, 2013) (no link available) Docket Scotusblog page This will be an important case… Read more
Question presented: Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or… Read more
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
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
