Robert W. Evans, Jr., v. Wisconsin Dep’t of Justice, 2014 WI App 31, overruled by Doubek v. Kaul, 2022 WI 31; case activity A conviction for disorderly conduct under § 947.01 may qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A), thus depriving the defendant of the right to possess a firearm. Evans’s… Read more
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United States v. Apel, USSC 12-1038, 2/26/14 United States Supreme Court decision, vacating and remanding United States v. Apel, 676 F.3d 1202 (9th Cir. 2012). Federal law makes it a crime to reenter a “military . . . installation” after having been ordered not to do so “by any officer or person in command.” 18 U.S.C. §… Read more
Wood County Human Services Dep’t v. Melanie M., 2013AP2814, 2013AP2815, & 2013AP2816, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP2814; 2013AP2815; 2013AP2816 Foster parent testimony during the grounds phase of a TPR proceeding has the potential to be prejudicial because it creates a risk the jury will reach a verdict… Read more
State v. Keith R. Friederick, 2013AP1609, District 4, 2/27/14; court of appeals decision (1-judge; ineligible for publication); case activity Friederick was not seized by officer who approached him on the street and said sought to talk to him, applying United States v. Mendenhall, 446 U.S. 544 (1980), along with State v. Griffith, 2000 WI 72, ¶53… Read more
State v. Lee Thomas Lasanske, 2014 WI App 26; case activity In a decision that may finally settle the issue of how to bifurcate enhanced misdemeanor sentences, the court of appeals holds that § 973.01(2)(c)1.’s prohibition against using an enhancer to increase a period of extended supervision does not apply to enhanced misdemeanor sentences. Instead, enhanced misdemeanor… Read more
Fernandez v. California, USSC 12-7822, 2/25/14, affirming People v. Fernandez, 145 Cal Rptr.3rd 51 (Cal Ct. App. 2012). Docket here; SCOTUSblog analysis of decision here; Orin Kerr’s “Five Thoughts on Fernandez” here; On Point analysis of cert grant here Police officers may, without a warrant, search a jointly occupied premises if one of the occupants… Read more
Kaley v. United States, USSC 12-464, 2/25/14 United States Supreme Court decision, affirming United States v. Kaley, 677 F.3d 1316 (11th Cir. 2012) In a 6-to-3 decision, the Supreme Court holds that when a post-indictment, ex parte restraining order under 18 U.S.C. § 853(e) freezes assets that are potentially subject to forfeiture but which the defendant needs to retain counsel, the defendant is… Read more
Anthony Ray Hinton v. Alabama, USSC 13-6440, 2/24/14 (per curiam), vacating Hinton v. State, __So. 3d__, 2013WL 598122 (2/15/13). Docket here. Trial lawyers, listen up. Check your expert witness funding cap before settling for an “expert” you know is sub par. In 1985, managers of 3 different restaurants were robbed and shot—each with two .38… Read more
