The Sentencing Law and Policy blog (an affiliate of the law professor blogs network) tees up the issue nicely. Their post is pasted in below. When and how will SCOTUS take up Miller retroactivity issues? The question in the title of this post is promoted by this local piece reporting on reactions to the Pennsylvania… Read more
admin
Legal history buffs and women’s history enthusiasts might enjoy Cornell Alumni Magazine’s new interview of SCOTUS Justice Ruth Bader Ginsburg. To read it, click here… Read more
State v. Evan K. Saunders, 2013AP1229-CR, District 1, 11/5/13 (1 judge; ineligible for publication); case activity This case concerns a gynecologist’s sexual assault of 4 different patients over 2 1/2 years. Sufficiency of evidence: Fourth degree sexual assault requires proof that the defendant had “sexual contact” with the victim without her consent. Wis. Stat. §… Read more
Talk about creative lawyering. In a pending aggravated burglary case, a Tennessee DA moved to ban references to the prosecution as the “government” during trial because it sounds too oppressive. The criminal defense lawyer’s response: Judge, if we’re going to let parties ban words (a First Amendment violation) and pick their own designations, call me… Read more
First, a spoonful of sugar: Haunted courthouses. Just in time for All Souls Day! Public speaking tips for women lawyers. Ladies, are you speaking at next week’s SPD conference? This BigLaw memo for lady lawyers will rile you! Now, the medicine–links to posts about serious issues: Second Circuit removes judge who ordered overhaul of NYPD’s stop-and-frisk practices. Read… Read more
State v. Nick A. Lutter, 2012AP2586, District 4, 10/31/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court’s findings of fact at the suppression hearing were not clearly erroneous, and they supported the court’s conclusion there was reasonable suspicion to stop Lutter. Among other reasons for the stop, the state trooper… Read more
State v. Sandra Biancardi, 2013AP1351, District 2, 10/30/13 (1-judge, ineligible for publication); case activity Biancardi was convicted of OWI. On appeal she argued that police unlawfully stopped her based on an uncorroborated, anonymous tip contrary to Illinois v. Gates, 462 U.S. 213 (1983). The court of appeals, citing State v. Post, 2007 WI 60, ¶24, 301 Wis. 2d 1, 733… Read more
State v. Roland Derliel Graham, 2013AP440-CR, District 1, 12/29/13; court of appeals decision (not recommended for publication); case activity Reasonable suspicion for seizing defendant ¶15 We conclude that under the totality of the circumstances described by [Officer] Wiesmueller, there was reasonable suspicion to stop Graham. Graham was stopped on property that had been the subject of… Read more
