State v. Roland Smart, 2002 WI App 240 For Smart: Donald T. Lang, SPD, Madison Appellate Issue: Whether sentencing-guideline disparity for driving while intoxicated under guidelines adopted by local counties pursuant to § 346.65(2m) violates equal protection or due process. Holding: Sentencing guideline disparities need be supported only by rational basis for equal protection purposes, as “(i)t is… Read more
On Point
by the Wisconsin State Public Defender
Important Posts!
- COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
- In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
- SCOTUS tempers pro-gun 2nd Amendment precedent; holds States may disarm a citizen who poses “a clear threat of physical violence to another”
- COA holds, in unpublished but citable decision, that the preponderance of the evidence standard applies at a TPR dispositional hearing
- D3 affirms denial of plea withdrawal claim under Cross’ “higher, but not substantially higher” rule
Ahead in SCOW
October 7
Petitions Conference
November 11
Oral argument in Kaul v. Urmanski
November 12
Petitions conference
December 10
Petitions conference
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