Esteban Martinez v. Illinois, USSC No. 13-5367 (May 27, 2014) (per curiam), reversing State v. Martinez, 990 N.E.2d 215 (Ill. 2013) In this unanimous per curiam decision, the Supreme Court reaffirms two clear rules of criminal procedure: jeopardy attaches when the jury is impaneled and sworn; and a trial court’s dismissal of the case due to insufficient… Read more
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Freddie Lee Hall v. Florida, USSC No. 12-10882, May 27, 2014, reversing Hall v. State, 109 So. 3d 704 (Fla. 2012); Scotusblog page (includes links to briefs and commentary) Because “intellectual disability is a condition, not a number,” and an IQ score is an approximation, not a final and infallible assessment of intellectual functioning, the… Read more
State v. Joshua D. Winberg, 2013AP2661-CR, District 3, 5/28/14 (1-judge; ineligible for publication); case activity The driver of a car stopped based on officer’s knowledge that the car owner’s license was revoked was not unlawfully seized because, even thought it was immediately apparent the car owner was not driving, the police also immediately observed additional… Read more
Price County DHHS v. Sondra F., 2013AP2790, District 3, 5/28/14 (1-judge; ineligible for publication); case activity A respondent in a ch. 51 mental commitment proceeding does not have either a statutory or a due process right to be physically present at the final hearing under § 51.20. To the extent § 885.60(2)(a) provides a right… Read more
On review of published court of appeals decision; case activity Issue (composed by On Point) Did the good-faith exception to the exclusionary rule apply to a search of a home conducted in reliance on a search warrant that was itself based on a search by a drug-sniffing dog that violated Florida v. Jardines, 569 U.S. ___… Read more
On review of a court of appeals summary disposition; case activity Issue (composed by On Point) Did the circuit court’s violation of Harrison’s right to substitution under § 971.20 deprive the circuit court of jurisdiction over the case and render the judgment void, or can the violation be deemed to be harmless error? As the substitution statute makes clear… Read more
The Wisconsin Supreme Court is revisiting State v. Forbush, 2011 WI 25, 332 Wis. 2d 620, 796 N.W2d 741, a splintered decision (4 different rationales) with an impenetrable rule. In this case, the State obtained two statements from the defendant after he had appeared at arraignment with appointed counsel. The issue is whether the State violated… Read more
On review of published court of appeals decisions: Alger, 2013 WI App 148; Knipfer, 2014 WI App 9; case activity: Alger; Knipfer Issues (composed by On Point) Does the filing of a petition for discharge or supervised release under ch. 980 after the effective date of the adoption of 2011 Wisconsin Act 2 “commence” an… Read more
