Review of an unpublished court of appeals opinion; Click here for docket and briefs Issue (composed by On Point): Whether an articulable suspicion or probable cause that a person has violated a statute punishable only by forfeiture can justify a warrantless seizure of the person? A state trooper stopped Iverson’s jeep when he saw a cigarette… Read more
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Review of a court of appeals summary disposition; case activity Issue (composed by On Point) May a defendant seek to withdraw his guilty plea by claiming that his trial lawyer was ineffective for failing to advise him that, as a consequence of his plea, he could be subject to lifetime commitment as a sexually violent person under… Read more
Review of a published decision of the court of appeals; case activity (including briefs) Issue (composed by On Point) Did the police violate the Fourth Amendment by entering the parking garage of an apartment complex without a warrant and without the consent of a resident of the complex? As explained in greater detail in our post… Read more
On certification by the court of appeals; review granted 11/26/13; circuit court reversed 1/29/16; click here for docket and briefs Issue (composed by the court of appeals): How definite or imminent must deportation be in order for it to be “likely,” such that a defendant may withdraw a guilty or no contest plea on the… Read more
State v. Rory A. McKellips, 2015 WI App 31, petition for review granted 11/16/15, reversed, 2016 WI 51; case activity (including briefs) McKellips is entitled to a new trial on charges he used a computer to facilitate a child sex crime because the jury was erroneously instructed to decide whether McKellips’s cell phone constituted a “computerized… Read more
State v. Wade M. Richey, 2014AP1758-CR, District 3, 3/17/15 (not recommended for publication); case activity (including briefs) In this prosecution for reckless driving causing great bodily harm and homicide by operating with a detectable amount of a controlled substance, the circuit court erroneously excluded Richey’s medical records from evidence at trial, though the error was harmless… Read more
Question presented: Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002). Lower court decision: Hurst v. State, 147 So.3d 435 (Fla. 2014) Docket Scotusblog page Because this is a death penalty case, the decision in this case will… Read more
Question presented: Does a conspiracy to commit extortion in violation of the Hobbs Act, 18 U.S.C. § 1951(b)(2), require that the conspirators agree to obtain property from someone outside the conspiracy? Lower court decision: United States v. Ocasio, 750 F.3d 399 (4th Cir. 2014) Docket Scotusblog page This case will be of interest to federal practitioners who… Read more
