State v. James E. Gray, 2017AP452-CR, 6/6/18, District 2, (not recommended for publication); case activity (including briefs) The court of appeals here affirms several trial court evidentiary decisions and holds that the State presented sufficient evidence to support convictions for 5 counts of identity theft. As you might guess, the decision hinges on the harmless… Read more
L. Harmless Error
McCoy v. Louisiana, USSC No. 16 – 8255, 2018 WL 218-617, 5/14/18, reversing and remanding State v. McCoy, 2018 So.3d 535 (La. 2016); SCOTUSblog page (includes links to briefs and commentary). In a 6-3 opinion written by Justice Ginsburg, SCOTUS holds that the Sixth Amendment guarantees a defendant the right to choose the objective of his… Read more
This new law review article by Daniel Epps examine the subject in depth. Consider this excerpt from the abstract: Judges and commentators sharply disagree about which (and even whether) constitutional errors can be harmless, how to conduct harmless-error when it analysis applies, and, most fundamentally, what harmless constitutional error even is-what source of law generates… Read more
State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity Issues: 1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed… Read more
State v. Kyle Lee Monahan, 2014AP2187, petition for review of an unpublished COA decision granted 11/13/17; case activity (including briefs) The parties and the state agree that the circuit court erred in excluding Kyle Monahan’s proffered GPS evidence from his trial; the only dispute in this appeal is whether that error is harmless beyond a… Read more
State v. Raymond L. Nieves, 2017 WI 69, 6/29/17, reversing an unpublished court of appeals opinion, 2014AP1623-CR; case activity (including briefs) Forget the old saws that “appellate courts decide cases on the narrowest possible grounds,” “appellate courts should not reach constitutional issues when another issue is dispositive,” and “the supreme court should not decide issues… Read more
Weaver v. Massachusetts, USSC No. 16-240, 2017 WL 2674153 (June 22, 2017); affirming Commonwealth v. Weaver, 54 N.E.3d 495 (Mass. 2016); Scotusblog page (including links to briefs and commentary) Members of the public–specifically, Kentel Weaver’s family–were excluded from the overcrowded courtroom during jury selection for his trial. Violations of the Sixth Amendment right to public… Read more
State v. Tyshun DeMichael Young, 2016AP657-CR, 6/20/17, District 1; (not recommended for publication); case activity (including briefs) A jury convicted Young of attempted 1st-degree intentional homicide and 1st degree recklessly-endangering safety with use of a dangerous weapon. On appeal, he argued that the trial court should not have permitted the jury to hear evidence that… Read more
