State v. Ester M. and Alexander M., 2014AP1621, District 1, 12/16/14 (1-judge decision; ineligible for publication); case activity The circuit court’s order finding Soreh M. to be a juvenile in need of protection or services evidence is supported by sufficient and doesn’t impinge on the right to religious freedom of her parents, Ester M. and Alexander M. In addition, the… Read more
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Heien v. North Carolina, USSC No. 13-604, 2014 WL 7010684 (December 15, 2014), affirming State v. Heien, 737 S.E.2d 351 (N.C. 2012); Scotusblog page (includes links to briefs and commentary) Rejecting the position taken by Wisconsin and the clear majority of jurisdictions that have addressed the issue, the Supreme Court holds that a reasonable mistake of law may give rise… Read more
Questions presented: 1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which… Read more
After 33 years with the State Public Defender, Marla Stephens is retiring today. Wow what a career! Cheers to Marla! Kelli Thompson and Mike Tobin, Wisconsin State Public Defender Marla’s contributions to the agency and the profession will be greatly missed, especially her dedication to the SPD and our clients, her work ethic, her long tenure… Read more
State v. Douglas E. Hanson, 2014AP623-CR, District 4, 12/11/14 (1-judge decision; ineligible for publication); case activity Hanson failed to present sufficient credible evidence that he did not understand the consequences of pleading guilty to second offense OWI. After engaging Hanson in the standard colloquy the circuit court accepted his guilty plea and proceeded to sentencing. During sentencing… Read more
Warger v. Shauers, USSC No. 13-517, 2014 WL 6885952 (December 9, 2014), affirming Warger v. Shauers, 721 F.3d 606 (8th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving an issue that had split some federal circuit courts, the Supreme Court unanimously holds that Federal Rule of Evidence 606(b) precludes a party seeking a… Read more
State v. Steven L. Kaulfuerst, 2014AP1428-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity The pat-down search of Kaulfuerst was lawful because police had probable cause to arrest him for disorderly conduct, even though police had not arrested him for that offense. Police responded to a call about a disturbance and found an intoxicated… Read more
State v. David C. Marker, 2014AP1122-CR, District 2, 12/10/14 (1-judge decision; ineligible for publication); case activity The stop of the vehicle Marker was driving was justified under the community caretaker exception because, based on a call from Marker’s ex-wife, police had reason to believe Marker was driving while intoxicated with his children in the vehicle. The three elements of the community… Read more
