State v. Michael D. Carroll, 2012 WI App 83 (recommended for publication); case activity Repeal of ability to earn “positive adjustment time” wasn’t highly relevant to Carroll’s sentence, therefore didn’t constitute a new factor that could support sentence modification. ¶9 Because 2011 Wis. Act 38 did not become effective until more than a year after Carroll’s… Read more
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Village of Elm Grove v. Richard K. Brefka, 2011AP2888, District 1/2, 6/19/12, WSC review granted 11/14/12 court of appeals decision (1-judge, ineligible for publication), supreme court review granted 11/14/12; case activity The municipal court lacks competence to extend the 10-day time deadline for requesting a refusal hearings, given the clear language of §§ 343.305(9)(a)4. and (10)(a). Village of… Read more
Question Presented: Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdraw, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member… Read more
Parker v. David Eugene Matthews, USSC No. 11-845, 6/11/12, reversing 651 F.3d 489 (6th Cir. 2011) In this habeas case, the United States Court of Ap- peals for the Sixth Circuit set aside two 29-year-old murder convictions based on the flimsiest of rationales. The court’s decision is a textbook example of what the Antiterrorism and… Read more
Question Presented Does the Double Jeopardy Clause bar retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact? Docket Lower court opinion (491 Mich 1, 810 NW2d 535 (2012)) Scotusblog page The QP… Read more
State v. Joseph C. Miller, 2012 WI 61, affirming summary order; case activity ¶5 We conclude that under the totality of the circumstances police acted reasonably when they conducted an investigatory stop of the vehicle that Miller was driving based on reasonable suspicion “that criminal activity may be afoot.”[5] We are confident that police had the requisite reasonable… Read more
Wisconsin State v. Tally Ann Rowan, 2012 WI 60, on certification review ; case activity Extended Supervision Conditions – Suspicionless Searches A condition of extended supervision “that allows any law enforcement officer to search [Tally]’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion,” was tailored to the particular facts and… Read more
State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ) Habeas (Knight Petition) – Laches Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in… Read more
