State v. Julie C. Phillips, 2015AP927-CR, 6/14/16, District III (one-judge decision; ineligible for publication); case activity (including briefs) The court of appeals rejects the state’s attempt to parlay a single fact–a strong smell of unburned marijuana emanating from a house–into exigent circumstances justifying a warrantless search. The search happened mid-afternoon. The first officer on the scene… Read more
11. Defense Wins
Williams v. Pennsylvania, USSC No. 15-5040, 2016 WL 3189529 (June 9, 2016), vacating and remanding Commonwealth v. Williams, 105 A.3d 1234 (Pa. 2014); Scotusblog page (includes links to briefs and commentary) When he was district attorney of Philadelphia, Ronald Castille authorized a subordinate to seek a death sentence in Terrance Williams’s murder trial. Thirty years later… Read more
Foster v. Chatman, USSC No. 14-8349, 2016 WL 2945233 (May 23, 2016); reversing an unpublished order of the Supreme Court of Georgia; Scotusblog page (includes links to briefs and commentary) Timothy Foster, who is black, was convicted of murder and sentenced to death by an all-white jury. Long after his conviction, his attorneys obtained documents from… Read more
State v. Michael W. Bryzek, 2016 WI App 48; case activity (including briefs) Bryzek had already completed most of his alleged acts when a 2010 statute broadened the definition of theft by a bailee; the court of appeals agrees with the circuit court that the jury should have been instructed on the narrower element. The… Read more
Village of Somerset v. Mark J. Hoffman, 2015AP140, District 3, 5/17/16 (not recommended for publication); case activity (including briefs) Viewed through the interpretive prism mandated by § 66.0409(6), a local ordinance prohibiting “wander[ing] or stroll[ing] in an aimless manner” that is “not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons”… Read more
State v. Justin Carl Herman Hembel, 2015AP1220-CR, 5/10/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Police lacked probable cause to believe Hembel violated § 346.54, governing “How to park and stop on streets,” so the stop of Hembel was unlawful. An officer saw Hembel driving at 2:30 a.m. in a “rural” area… Read more
United States v. Lemurel E. Williams, 7th Circuit Court of Appeals No. 15-1194, 4/26/16 Williams is entitled to a new trial because under the totality of the circumstances, the jury’s continued deliberations after an aborted delivery of the initial verdict were impermissibly coercive. The jury returned a guilty verdict but, during the polling of the jurors, the… Read more
State v. Russell C. Troka, 2016 WI App 35; case activity (including briefs) Because the record does not reflect an adequate basis for a finding of manifest necessity warranting a mistrial over Troka’s objection, retrying Troka would violate his right against double jeopardy. Troka was charged with attempted homicide, strangulation or suffocation, battery and other… Read more
