Office of Lawyer Regulation v. Daniel W. Johns, Jr., 2014 WI 32; case activity Because OLR was actually informed of an attorney’s felony conviction, the attorney’s failure to notify OLR of the conviction in writing under SCR 21.15(5) is “too technical” a violation to justify discipline. In addition, the nature of the conviction didn’t adversely reflect… Read more
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State v. Adam W. Miller, 2013AP2218; 6/5/14; District 4 (not recommended for publication); case activity The court of appeals holds that a circuit court may apply the § 939.62(1)(c) penalty enhancer to increase Miller’s term of initial confinement beyond the maximum prescribed by law without first imposing the maximum term of imprisonment, as in the maximums for… Read more
Yes, the judge really made that threat. And, yes, the two really came to blows. Think Tom Petty’s “And I Won’t Back Down” and then click here to read the article and watch the video clip of the courtroom trash talk that led the judge and the PD to step outside and duke it out… Read more
State v. Patrick L. Hibl, 2013AP2723-CR, District 2, 6/4/14 (1-judge; ineligible for publication); case activity Rejecting challenges to a restitution order, the court of appeals holds that the evidence in the record established a nexus between the crime Hibl was convicted of and the victim’s loss and that the circuit court took account of his ability… Read more
State v. Alberta R. Rose, 2013AP2783-CR, District 2, 6/4/14 (1-judge; ineligible for publication); case activity A police officer’s observations of a car “smoothly swerving three or four times” in its lane of travel over several blocks and then “appear[ing] to strike the center line” (¶2) provided reasonable suspicion to perform a valid investigatory stop of… Read more
State v. Antonio D. Williams, 2013AP814; 6/3/14; District 1; (not recommended for publication); case activity This appeal raises a host of issues but the most interesting concern the trial court’s decisions to: (1) prohibit defense counsel from cross-examining the State’s cooperating witnesses, all of whom were testifying in the hopes of receiving reduced sentences for… Read more
Carol Anne Bond v. United States, USSC No. 12-148 (June 2, 2014), reversing United States v. Bond, 681 F.3d 149 (3rd Cir. 2012); Scotusblog page (includes links to briefs and commentary) Avoiding a constitutional question about the limits on Congress’s power to pass legislation implementing an international treaty, a majority of the Supreme Court narrowly construes… Read more
A young, female law student posed this provocative question to Chuck Klosterman, The Ethicist for The New York Times. An excerpt from the Ethicist’s column in yesterday’s New York Times Magazine is copied in below. IF IT PLEASES THE COURT . . . I am a young, female law student who represents indigent clients in… Read more
