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The main issue in Waity v. Lemahieu, 2022 WI 6 (January 27, 2022), involves the legislature’s power to hire lawyers to deal with redistricting issues, but along the way a majority of the court addresses a matter of interest to all appellate and postconviction lawyers: the proper application of the standard for a circuit court… Read more

Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding. The petition alleged continuing CHIPS grounds, which meant the County… Read more

State v. Octavia W. Dodson, 2022 WI 5, 2018AP1476, 1/26/22, affirming an unpublished per curiam court of appeals decision; case activity (including briefs) Dodson pleaded guilty to second-degree homicide. He’d shot and killed Freeman, who he (apparently erroneously) believed had earlier rear-ended his car. Dodson had pursued Freeman’s car and Freeman pulled over. Dodson said… Read more

State v. O.G., 2021AP1642-CR, 1/25/22, District 1 (1-judge opinion; ineligible for publication; case activity O.G. appealed a juvenile court order waiving him into adult court. He argued that the judge was objectively biased and requested a new waiver hearing before a different judge. His appendix included 3 affidavits alleging that during a break in the… Read more

SCOWstats.com’s latest post looks at which justices joined or didn’t join other justices’ separate opinions from the 2016-17 term through the 2020-21 term. Sure, liberal justices usually joined the other liberals. Ditto for the conservatives. But this data point might come as a surprise:  While Kelly joined separate opinions by Roggensack or Ziegler over 80%… Read more

State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as … Read more

Many agree on the need for criminal justice reform for drug crimes. This new paper, forthcoming in the Cardozo Law Review, argues that reform is also needed for child pornography crimes–especially when it comes to sentencing. Might be worth skimming for ideas before heading into your next sentencing hearing… Read more