Carl C. Gilbert, Jr., v. Deborah McCulloch, No. 13-3460 (7th Cir. Jan. 12, 2015) Gilbert was committed as a sexually violent person while he was still in prison serving a criminal sentence, so he was not transferred to the ch. 980 treatment facility till he finished the sentence. The state courts upheld his commitment and the Seventh Circuit now… Read more
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Jennings v. Stephens, USSC No. 13-7211, 2015 WL 159277 (January 14, 2015), reversing Jennings v. Stephens, 537 Fed. Appx. 326 (5th Cir. July 22, 2013); Scotusblog page (includes links to briefs and commentary) A federal district court granted Jennings’s habeas relief, ordering a new sentencing hearing based on two of the three theories of ineffective assistance of counsel that Jennings raised. The state appealed… Read more
State v. Mariah E., 2014AP1788, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity The decision to waive a juvenile into adult court is reviewed for erroneous exercise of discretion, State v. Tyler T., 2012 WI 52, ¶24, 341 Wis. 2d 1, 814 N.W.2d 192, and in this case the circuit court did not erroneously… Read more
Fond du Lac County v. Robyn M. Pollack, 2014AP1936, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity Pollack’s license was properly revoked after refusing a chemical test because the police officer had probable cause to arrest her for OWI under the totality of the circumstances. ¶12 … The deputy observed Pollack driving… Read more
Review of an unpublished per curiam court of appeals decision; case activity Issue (composed by On Point) Can a police officer’s reasonable mistake of law give rise to reasonable suspicion or probable cause necessary to uphold a seizure under article I, §11 of the Wisconsin constitution? Police stopped Houghton’s car for two reasons: It lacked a front license plate; and the driver’s… Read more
Milwaukee County v. Andy S., 2014AP1885, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity The evidence was sufficient to prove dangerousness under § 51.20(1)(a)2.a., as it showed Andy “[e]vidence[d] a substantial probability of physical harm to himself … as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.” ¶14 Andy S. does… Read more
State v. Kiwana L., 2014AP2306, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity Kiwana L.’s substantive due process rights were not violated by the conditions set by the circuit court for return of her daughter Jasmine because those conditions were narrowly tailored to address her mental health issues; thus, the termination of her parental rights… Read more
Whitfield v. United States, USSC No. 13-9026, 2015 WL 144680 (January 13, 2015), affirming United States v. Whitfield, 695 F.3d 288 (4th Cir. 2012); Scotusblog page (includes links to briefs and commentary) The Supreme Court unanimously holds that a bank robber forces a person to “accompany” him for purposes of the enhanced penalties under 18 U.S.C. § 2113(e) when he forces that person… Read more
